Superior Asphalt & Sealcoating

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My wife and I signed with Superior in March 2013 and as of today July 2, 2013 I still do not have my driveway replaceed. We signed with them in March and gave them 50% down on the driveway hoping to beat the rush of people that want to get their driveways worked on during the spring, summer, and fall months. He told us that we were first on the list and they would try and get our driveway in before Easter. To their credit we did get a last minute snow storm that pushed back the possibility of getting our driveways in before Easter. After the initial contact with superior that he would not be able to get our driveway done before Easter March 29, 2013 we did not hear from him for two weeks. Once we did call him it took two or three days for them to get back with us. Most communication came in the form of text messages. He told us it was to wet to have our driveway put in and he would call us in a week or two to give us an update It was now the second week in April. Needless to say we didn't hear from him so again we called and texted during the first week of May. After two or three days he finally texted us back telling us there was to much rain and that the asphalt plants weren't running because it was to cold. At this time we told him that we would really like it done before the middle of May. He told us that he should be able to get us in before that. . Finally on May 13th, 2013 I got a text message from a number I wasn't familiar with. It was Superior Asphalt they had changed their number and never called me. Their text message said "alot of the same this week but they are only calling for rain two days this week so I will call you and give you an update later in the week." I never heard back from them that week. During the next couple of weeks between my wife and myself we called 5 different asphalt companies who all told us they had been tearing out and installing new driveways and parking lots since April. They also told us that we could have our new driveway installed within 7-10 days after we sign a contract with them weather permitting. I didn't hear anything back from Superior until I called and texted them on June, 12th 2013. I left them a voice mail and sent them a text message saying that I needed to talk to someone asap. The owner called me back, he is the one one I have had all my contact with at this point. I told him that I would like my money back and that I wanted to have another company replace my driveway. He was not very nice on the phone he felt that we were pushing him to much and that in his professional opinion he could not replace the driveway at this point. He did say that he would give me my money back but basically asked me to hold on for a little longer and that he would get us in as soon as possible. I told him that I would give him an additional two weeks to get the driveway replaced. It rained on Monday June 17th 2013 for about 10 minutes and never rained a drop after that during the week. It was 80 to 90 degrees in temperature and was not wet at all. I never heard from them, so on Thursday June 20th 2013 I texted them at 10:00 am asking for updates. I never got a response so I texted them again at 8:30p.m. I said " hasn't rained at all this week any chance of getting the driveway in Monday or Tuesday next week." He replied: " Very good chance, I'll call you by noon tommorow to let you know." I didn't hear from him so I texted him and asked about Monday again. He replied "Monday won't work my friend so hopefully Tuesday." The next communication happened on Monday June 24, 2013 I asked about Tuesday. He sent me back a long text message saying the same old thing about it being two wet and that he couldn't do the driveway this week. He also told me he was having problems with his phone and that I should call now another number. If I couldn't get in touch with him at his current number. I called both numbers multiple times on June 27th and didn't get an answer. I sent a text saying "please call me we need to talk." I didn't get an answer that day so I called and texted again on Friday June 28, 2013 I didn't get an answer until 8:30 p.m. which was a text saying "I got your message, I put in a request with the asphalt plant to get your money back, I'll call you soon." I never got a call on Saturday so on Sunday I called and texted and never heard from him. So Monday July 1st, 2013 I sent him a text saying " I need to talk to you. If I don't hear from you by noon I am going to call my lawyer." Within ten minutes he called me back and told me that I was being mean to him and that he no longer wanted to replace my driveway and wanted nothing to do with me anymore. He just wanted to give me my money back and be done with all this. He told me not to play hardball with him and not to call my lawyer. He then told me it was going to take 30 days to get my money back. He also told me that he was on vacation this week and was going to be gone until Monday July 8th 2013. I told him I needed my money back sooner than that but he didn't seem to care and that I would get my money once he was paid. I truly believe that he was going to do my driveway, but because of certain circumstances he can no longer afford to replace my driveway. I was told by another company that Superior does not own any blacktop equipment and needs to borrow or rent the equipment to do blacktop. I filed a complaint with the Ohio Attorney General's office on Monday July 1st. They told me that Superior should have offered me a refund after 14 days of the work not being done. They will contact him within 5-7 days and see if they can get my money back.