Public Mediation

problem with superior asphalt of cleveland ohio will not complete job after they were paid in full-Dispute-#1845615

R. S. vs. Superior Paving Of Cleveland Ohio
13006 Lorain Ave, Cleveland, Ohio, 44111, United States
Amount Involved: Other terms
Complaint(s): Problem with a service
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Statement of Claim
Complaint Involved (1) - View
Claimant says:
"Problem with superior asphalt of cleveland ohio. They paved my apt parking lot and was paid in full. I want superior asphalt of cleveland ohio to come back to my property and seal asphalt. This was included in contract and paid for."
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Additional Communication Between Claimant and Superior Paving Of Cleveland Ohio Hide
  • Oct 25, 2012, Claiming party added:

  • I want parking lot sealed as per contract before winter and re striped. No more bull about when it will be sealed. no more my truck broke, its raining etc.

What Claimant Wants Hide
Just make me happy!
Claimant invites Superior Paving of Cleveland Ohio to make a fair offer to resolve this complaint.
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Respondent's Counteroffer

There has been no response to this claim from Superior Paving of Cleveland Ohio. This claim will remain posted until resolved
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  • Comment: by Jennifer Sheehy — Online mediator
    • On: 12-05-2012
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  • Just to follow up on the above suggestion, it seems that asphalt and concrete contractors in Ohio do not need a state license for operation purposes, so there isn’t a particular state agency that would govern and provide regulation and recourse in this particular instance. Because you state that you have a contract that states that sealing was to occur, and you have paid for the full price of the contract, Superior Paving is in breach of the contract. One option here is for Superior Paving to come out and complete the contractual work, or to refund the price that you have already paid due to the incomplete project. Also, you could contact the Attorney General’s office and file a consumer complaint that the company breached their contract with you.
  • Comment: by Sarah Baxa — Online mediator
    • On: 11-06-2012
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  • If your contract is very clear as to the services you paid for and you can prove that your contract was never fulfilled, I would suggest asking for a refund in the amount that the sealing of the driveway cost and hire another pavement company to seal your parking lot. If they do not give you a refund, I would simply tell them that sealing it now will cost them nothing because that was already paid for but waiting and risking the damage to the asphalt will cost them more because they would be liable for damages over the winter that are a direct result of not sealing the asphalt. Perhaps a tactful plea to their pocketbooks would help them see the error of their ways.
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