Public Mediation

JB Asphalt/Paving, Stillwater, NY-Dispute-#1243907

R. S. vs. Jb Asphalt/Paving, Stillwater, Ny
726 West River Rd., Gansevoort, New York, 12831, United States
Amount Involved: $5,200.00
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
       (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 1243907
    • Amount Involved: 5,200.00
    • Filed On: Sep 20, 2012
    • Posted On: Oct 01, 2012
    • Complaint(s):
      • Bad business practices
      • Contract / Agreement / Promise dispute
      • "I just feel ripped off."
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Statement of Claim
Complaints Involved (3) - View
Claimant says:
"On 8-21-12, I contracted w/ JB Asphalt/ Paving, (518-584-8806) to construct a 15'x30' stamped concrete patio w/a 3 step stairway leading up to my 6' sliding glass rear door entrance. I paid a $100 fee to honor the contract then another $2100 when work began on 8-27-12. A balance of $2000 was due upon completion and my satisfaction. The contact person for JB is Frank Emmi (518-202-6160) who drew up the contract and promised my wife and I we would love the results and he'd even pay us $100 for every referral we sent him. On 8-28-12, Emmi and his workers showed up to build the patio/stair forms and I was told that they would finish that day and order the cement for the morning of the 29th. When I arrived home on the 28th I found that the forms were only partially finished and my son informed me that the workers left about 1-2 hours after arriving. On the 29th Emmi and his workers arrived mid-morning and I was told that the forms would be completed and the cement truck was now ordered for 3pm. I arrived home to see the cement truck at approximately 3:30 and the start of the pouring of the cement to form the stairs. At this time Emmi was no where to be found; I was told that he had to go pick up his daughter. I had to leave for a few hours and when I came home the cement was all in place for the stairs and patio and Emmi had also just arrived w/ his 10 year old daughter. I noticed that the stairs looked bowed and uneven, especially the top landing which had a low spot flowing back toward the house. I told Frank of my concern and he stated he would fix it. At this time. approx. 7:30, they started stamping the concrete and in several places the stamp didn't show properly because the patio was not properly leveled. I pointed this out to the workers and I noticed that they started drawing in the stamped edging w/ their fingers. I alerted Emmi that this did not look good and he stated that he would "smooth" it out which I did see him do to one area so I figured he'd fix all the fingered areas. At this time Emmi also had his 10 year old spraying the stamped pads w/ a release solvent after each stamp pad was placed back nearby where she was standing. Now it was getting dark, approx. 8:30, and they had no lights other then my back porch light so I went in the house and came out w/ 2 table lamps. They finished at approx. 9:30 and it was too dark to really inspect the job. The next morning my wife and I saw the finished product and were not happy w/ it. The stairs were all bowed and mis-measured and the stamping was comically drawn in in several areas and also was misaligned because I realized that the patio was now 14x28, not 15x30, which was in the contract, and the 28' length form slightly bowed resulting in an uneven stamping. I contacted Emmi who arrived and saw the problem areas which he promised us he could fix by cutting the stairs to the right dimensions and going over the patio w/ a 2" layer of new concrete. I had a friend who is employed as an engineer look at the job and he stated that it could not properly be fixed and had to be torn out and redone. I also had 3 other concrete companies come to inspect the job and they all stated that the stairs were illegal in that they were formed at 8", then 5", then 8" and the whole job needed to be jack hammered out and restarted. There was also a small hand print (obviously Emmi's daughter's) imprinted in one of the stamped blocks. Also, a section of the patio, approx. 7'x3', discolored from the original brownish/tan color to a lighter tan w/white color which the experts informed me that that area was not properly sealed and was permanently stained. I informed Emmi that I wanted the job jack hammered out and redone but he would not agree. I had also tried to s/w the owner of JB, Joshua Boldt, whom I have left numerous messages for but as of today, 9-20-12, he has not returned a call. On 9-10-12, I contacted the web site, "ServiceMagic," where I had obtained the contact info for JB Asphalt and lodged a complaint. They informed me that JB is a paid subscriber to them and that they would make a call to JB. Approximately an hour later I rec'd a call from Emmi who stated that he would pay to have the patio/stairs removed and would reimburse me my $2200. I got 3 quotes to have the job done and called Emmi on 9-13-12 w/ the quotes and to set up a meeting. He has not returned a call after I left daily messages w/him and JB. I wish to take the steps needed to lodge a formal complaint."
...
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What Claimant Wants Hide
1. Payment due: restitution of my $2200 Sep 24, 2012 $2,200.00
2. Damages: removal of existing patio/stairs and damage to my lawn Sep 24, 2012 $3,000.00
3. Other – Pay for claim posting cost Sep 24, 2012 $7.95
Cash total : $5,207.95
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Respondent's Counteroffer

There has been no response to this claim from JB Asphalt/Paving, Stillwater, NY. This claim will remain posted until resolved
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