View Full Version : Bad Bussiness Ethics of a Pueblo Paving Company

08-11-2007, 04:56 PM
I ordered 30 Ton of crushed asphault from a paving company out of Pueblo according to the phone book there on a major street that begins with the letter N and ends in an N. I did not want a road base mix. I specified Crushed Asphault the secretary on the phone told me it would be 2 inch minus. I said that works. I then called back a few days later and said I wanted 45 ton. The day of delivery I gave them my check and went inside my house while huge trucks opened there back and drove thru my circle drive way kinda spreading some of the material. I couldn't see inside the trucks because they were to tall and the drivers acted like they were in a hurry . I was tending to young children inside and looked out my front window when the last truck was dumping the load I could not run out and stop him because the trucks unload very quickly when they have the back open. I told 1 of the 3 drivers and I knew him this is not crushed asphault he said well your still going to need to put something on the top of this but it should help and he had some rock that he would sell me cheeper than " What these people will charge" that was his words. I immediately called the secretary and told her they dumped the wrong stuff in my drive way. She could not get a hold of the bussiness owner right away so she kept trying eventually she did get a hold of him and he told the secretary to tell me he would be by in the morning. I did have the material spread because there is no legal parking on my street and With the bussiness I run people pull in and out of my driveway a lot. I was expecting people that evening and early in the morning. I figured it could be scooped back up it's only concrette and rock so why not plus if I didn't it could cost me loss in bussiness. .

The owner did come by in the morning but, when he shook my hand it was the firmest grip I had ever felt in my life. My hand hurt for 3 days after that hand shake. I told the owner this is not what I want I am very unhappy, I repeated my husbands exact words to him which I can't repeat on here and I told him I appoligize but this was my husbands exact words about this material. I also was also short about 5 ton. 2000 pounds per ton is a lot of missing material and delivery charge is the cost of the 45 ton fee. I was told by this bussiness owner "I guarantee you will be happy with the material I havn't found anybody who's not" I said " and if I'm not happy, He then shrugged his shoulders. He then started telling me wet it, drive on it, pack it and then contact him. Well I did what he said and I still was not happy it looks like concrette chunks bugger than 2 inch minus and dirt with only a few black pebbles of concrette. This meeting with the owner made me feel like he was trying to intimidate me and you could tell he does not respect women. I felt something was severely wrong and I put a stop payment on the check I was going to rewrite one as soon as the correct material was brought

I then called him back apx a week or so later and said " I don't like it" He started yelling at me my husband then grabbed the phone because he could hear the owner yelling at me. My husband said calmly do not yell at my wife were not wanting this material get it out of here. The owner then started yelling at him so my husband hung the phone up. The owner then called us back and said were not going to get anywhere by hanging up my husband calmly said I agree but do not yell or raise your voice, this angered the owner and he began yelling so my husband hung up again this went on a few times untill the owner learned to speak without yelling. The owner then said tell ya what I'll get it out of there and we will part our own ways The owner had 2 weeks before winter set in and he didn't show up call or anything. When the snow was melted finally the owner called my husband and said how about you pay for the trucking and I won't charge you for material or I will haul it out of there and we will part ways my husband said let me discuss it with my wife. We discussed it and my husband called him back and said get it out of here we don't like it, it is causeing problems in our yard. The owner said NOPE I won't remove it pay for the delivery My husband then reminded him of what the owner said less than 5 minutes prior and the owner said well I changed my mind and my lawyer said I could take you to court my husband replied well we will see you there then.

A couple months later we were served with paperwork the owner was trying to collect intrest, court costs and money for the entire amount. When we went to small claims court both the owner and his secretary lied under oath or remembered incorrect information. I beleive the secretary was in fear of loosing her job. The magistrate rule in the owners favor because of all his lies and he had his speach all written out he read it out of a notebook word for word. The reason the magistrate ruled in there favor is because I had the material spread and the owner denied that his drivers could even dump material unless it was in a pile. NOT TRUE MY HUSBAND HAS MADE ROAD BASE FOR A LIVING IT HAS DIRT AND TRUCKS CAN SPREAD IT PARTIALLY WHILE DRIVING,

I guess I should have crawled up no matter how dangerous onto the truck to view the material before allowingthe paving company to drop material in my yard . Also I guess the fact that it's illegal to park on any streets in the area I live in and that I run a bussiness from my home didn't matter on needing access to my driveway and that the owner re-canted on his offers to remove the unwanted material didn't matter in the end. I also never signed a contract or receipt. I beleive this is unprofessional, unethical, and will result in learning a lesson I have yet to figure out. I also turned this Paving company into the BBB but they can't do anything because it had went to court.

08-17-2007, 01:29 PM
Anyone have any suggestions, comments or concerns?

08-17-2007, 01:52 PM
Actually, while you offered plenty of description, you didn't really offer much in actual information.

However, the way it works, is very simple. You accept or reject the first load, in the truck, before it is dumped. Once you sign for it, you have accepted it. If there's any question on the part of the buyer or the seller (not necessarily the trucker)You should have never allowed it to be dumped.

As for spreading . . a tandem axle dump will lay out 10-12 yards of material the width of the body and the depth is controlled strictly by the forward speed of the vehicle. to lay any material down at a 3-4 inch depth requires the truck to be moving forward at about 25-30 mph . . in a circular driveway, unless the circle is roughly a quarter mile in radius, you'll probably roll the truck as the body reaches it's total height during dumping. Not to mention, at anything over 5 mph, the truck is not very controllable.

Further, the next truck will have to either drive through the material dumped, or back into the curved drive, and attempt to "Spread" the next load, and so on . .

This is not the conventional way to spread, level and compact either fill or topping . . nor is it very efficient.

Finally, you ordered sight unseen, with no written spec . . They sent what they thought you ordered, you thought they sent what you ordered, and you had an idea about spreading that doesn't work . . Because the truck drivers did what they always do, back in, dump the load, and go back for more . . A truck driver quit worrying about grade when he left the third one . .

Sorry dear, but as an old contractor, I have to say that you let your inexperience and desire to do something "cheap" outweigh the need to hire professionals . . and get a "Professional Result" . .

08-17-2007, 02:22 PM
Sorry, about lack of info yes I have a large large circle drive way, all 3 trucks arrived at the same time, and they dumped it while driving, and suprisingly quickly. The company I hired has been in bussiness for several years does big projects for big bussiness and private individuals. Price at the time was not an object because I just wanted something to uphold thru winter months :( and to comply with the covinance in which I live and to look nice. They didn't completely spread the material just basicly partially spread it by driving the actual real spreading had to be done later by another person I hired because I couldn't get in tr out of my drive way there was so much dirt mixed in this material. The driver Hilary that I knew asked me do you want us to help you spread it a bit I said how do u do that he told me that they open the back and drive. It wasn't a good spread but it did make it look like less work for the person I had pre-paid to spread the material too bad it was the wrong stuff. I would have even been willing to pay someone to put all there material back into there dump trucks to haul it away, I just wanted what I ordered.

08-17-2007, 03:22 PM
Roto-Mill Asphalt is a mix. Two inch minus, means chunks of old asphalt/gravel two inches and smaller, fines included . . the more you handle Roto-mill cuttings, the more fines you create . . To make this material work very well, it needs to be spread thinly in 4"minus lifts and compacted, layer, by layer . . on a relatively compacted surface . .

I think you probably got what you ordered, you just weren't ready for the next step required . .

Basically, you don't want a driveway with any fines that will lay on the surface, because they will track into the house. I always recommended crushed slag as a topping for unpaved driveways . . but it has gotten expensive and hard to buy . . .

User No Longer With Us
08-17-2007, 03:28 PM
Amber, you need an attorney and you need pictures. I hope you have everything well documented.

Also, had you been the ones to file against the company, you might have had a leg up. By chance, were any of your phone calls recorded? (yes, that's legal here so long as it's not a third party doing the recording, and at least one of you has to know it's being recorded.)

Also, do you have anything in writing that proves that they gave you any kind of satisfaction guarantee then refused it?

08-17-2007, 05:39 PM
Something that's been mentioned is the fact that you run Your business out of the home, and that there are covenants in your neighborhood . .

Unless your home is properly zoned, and you have a business license or sales tax collection license for the city, county and state, you might just want to settle with the supplier and keep a low profile . .

if you think that asphalt or whatever was expensive, wait'll you have to hire an attorney and try to spot zone your residence for business purposes. And if there's covenants about yard decor, and such, my bet is there's a covenant against running a business out of a residence . . you'll never get a variance!

And a cease and desist order is serious business . .

08-23-2007, 09:02 AM
I am completely legal in the bussiness I run so I don't need a low pro-file but thanks for the heads up I greatly appreciate it :) !!! I'm just an irritated an 100% unsatisfied coustomer that a con man happen to meet.

An attorney is not allowed in small claims court unfortunately I already checked but GREAT idea. . . I wish the conversations were recoreded but I didn't know when he was calling and had nothing to record it with almost wish I had spent the 80 bucks for a recording device. I am starting to think word of mouth might be my best bet to help future people that could be wronged by this company. As for me I have a great idea that is completely legal and I don't wanna say on the internet but I'm always open to suggestions.