Public Mediation

My Claim vs. HARNEY ROCK AND PAVING Dispute #1529542

J. F. vs. Harney Rock And Paving
6300 SOUTH MILLICAN RD, P.O. BOX 40, Powell Butte, Oregon, 97753, United States
Amount Involved: Other terms
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Statement of Claim
Complaints Involved (3) - View
Claimant says:
"HAD A PAVING JOB DONE IN 2008 AND THE CONTRACT STATED THERE WAS TO BE TWO INCHES OF ASPHALT PUT DOWN. THE DRIVEWAY IS STARTING TO CRACK AND BRAKING APART WILL BEFORE IT'S TIME.HAD A COMPANY COME OUT AND MEASURE THE DRIVEWAY FOR SEALING AND AT THAT TIME IT WAS DISCOVERED THAT ONLY SOME AREAS HAD ONLY 1 INCH TO 1.5 INCHES RATHER THAN THE TWO INCHES CONTRACTED FOR. THE MEASUREMENTS THE OTHER COMPANY USE SEALING ARE THE SAME USED FOR LAYING THE ASPHALT.

FOR SEALING (622 SQ YDS)
ASPHALT PUT DOWN (554 SQ YDS)
SO I WAS SHORT ( 68 SQ YDS)
I HAD CORE SAMPLES TAKEN OUT OF DRIVEWAY TO SHOW ONLY 1 TO 1.5 INCHES OF ASPHALT WAS PUT DOWN. CORES WERE TAKEN 17 TO 20 INCHES FROM THE EDGE OF THE DRIVEWAY.

I HAVE SENT THEM THREE CERTIFIED LETTERS AND ONE FROM MY ATTORNEY AND NO RESPONSE.


JACK FITZGERALD
13519 SE CAYUSE RD
PRINEVILLE OR 97754
541-480-4979"
...
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Exhibits View
What Claimant Wants Hide
Just make me happy!
Claimant invites HARNEY ROCK AND PAVING to make a fair offer.
1. Other – Copy claim to regulators Oct 10, 2013 $14.99
2. Other – Pay for claim posting cost Oct 10, 2013 $7.99
Cash total : TBD
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "Harney Rock & Paving sent out a representative of the company to the Fitzgerald residence where the work took place. The representative explained to Mr. Fitzgerald that the asphalt depth near the edge of the pavement gets thinner when it is rolled and then again with traffic. The asphalt near the edge of the paved area has nothing to hold it in place when there is excess weight in that area. The areas that were aged and cracked were near the edge of the driveway. Many of the areas had surrounding dirt sloped to the edge of the asphalt, causing excess water to soak in around and under the asphalt. Any time this takes place cracking begins due to an unsuitable (wet) base.
    Harney Rock & Paving delivered and installed 64.32 tons of asphalt which will cover 566 SY of area with 2” of asphalt. According to the drawings supplied with the quote, the area to be paved was 554 SY.
    Asphalt generally needs to be sealed after 1 year from the installation date and then every couple years after that to maintain a good seal. It has been over 5 years since the asphalt was installed and it has yet to have been sealed.
    "

This claim will remain posted until resolved.

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  • Comment: by biteme — Online mediator
    • On: 05-23-2014
    View more
  • 5 years to wait to contact about asphalt issues is a joke. Driveways don't last forever. Get a dose of reality.
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