Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:02/05/2023

  Type:Service or Repair Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  The negligent paving installation done by Mackinley-Clark Paving Ltd. has left us with a major drainage problem and potential flooding of our home.
  This drainage issue was brought to the attention of Mackinley-Clark Paving Ltd. within the one-year warranty period.
  On two separate occasions the Mackinley-Clark estimator inspected the completed paving job and admitted the drainage problem was their mistake. The estimator indicated Mackinley-Clark would remove asphalt, regrade and repave to fix the drainage problem.
  The owner of Mackinley-Clark however, has dismissed any responsibility, and discontinued communication with us.
  Mackinley-Clark has not fulfilled their contractual obligation to provide “required slopes and grades”.
  We therefor file a complaint with the Better Business Bureau seeking a resolution.
  
  Please refer to the following files:
  ***** ****** ***** ****** ***** ***** ****** * ********* **** ******* Payment and Receipt Scans;
  Text Attachment: A detailed timeline of my interactions with Mackinley-Clark Paving Ltd.;
  Site Sketch;
  E-mails sent and received;
  Photo attachment to e-mail June 1, 2022;
  Photos: Neighbour’s pool drainage.

  

  Business Response

  Date: 05/05/2023

  
  In response to claim ********, Mackinley-Clark Paving accepts no responsibility in pooling water off the scope of work. We are not responsible for flood waters or neighbors pool drainage problems.  Our number 1 priority is to not have water ponding on the driveway (our scope of work).
  
  In that particular area, there is no infrastructure, i.e., Curb and gutter.
  
   
  
  We have made suggestions to the client to place rock in the problem area to accommodate road water, without success.
  
   
  
  M*** Clark

  Customer Answer

  Date: 12/05/2023

  
  
  Complaint: ********
  
  
  We
  are pleased to see in his response that the owner of Mackinley-Clark is not
  disputing that his estimator, his sub-contractor and himself, were made aware
  that the driveway installation was to accommodate the channelling of storm
  water on the road shoulder. The owner of Mackinley-Clark also, does not dispute
  that in the opinion of the 3 local paving contractors, the cause of the poor
  drainage in front of our property, is a direct result of Mackinley-Clark’s
  paving installation. The owner of Mackinley-Clark also, does not dispute the
  elevation numbers as stated. These numbers define the inadequate slope of the
  paving installation crossing the road shoulder.

  
  The
  owner of Mackinley-Clark appears though, to be completely indifferent to the
  drainage issue caused by their asphalt installation. As the owner states, he
  “accepts no responsibility in pooling water off the scope of work”. The
  blockage of the flow of storm water, “pooling water”, is a direct result of
  Mackinley-Clark’s asphalt installation.

  
  The
  owner of Mackinley-Clark has suggested to install rock on the road shoulder. As
  he states, “to accommodate road water”. The road shoulder is comprised of
  crushed rock. Adding more impermeable material to the road shoulder will not
  assist in the ability of the substrate to absorb more water. I can only reason
  that this would be for a cosmetic effect.

  
  Adding
  more rock to the road shoulder, will however, increase the elevation. It will be
  most effective at further blocking the storm water run off from reaching the
  nearby catch basin. The “pooling water” that presently occurs within, “the
  scope of work”, on the east driveway entrance, would be greatly increased with
  additional rock added to the road shoulder.

  
  The
  improper elevation of the west driveway entrance where it crosses the road
  shoulder was at best an oversight. This was the last bit of asphalt applied at
  the end of the paving day. Mackinley-Clark simply did not account for the slope
  of the road shoulder with this installation. As the owner acknowledges, he
  crossed the road shoulder on a street where, “there is no infrastructure,
  i.e.,Curb and gutter”.

  
  We
  hired what we thought was an experienced paving contractor. One that, we
  assumed, would assess the impact of the asphalt installation. I would expect an
  experienced paving contractor would apply extra diligence when crossing a road
  shoulder where, “there is no infrastructure, i.e., curb and gutter”, taking
  road shoulder drainage into account. Especially, if long before the asphalt
  installation, specific drainage concerns, and the proximity of the road
  shoulder catch basin, were repeatedly brought to that contractor’s attention.

  
  We
  are not asking for the entire 3600 square feet of driveway to be re-installed,
  to avoid an unsightly seam. We are reasonably requesting, only the west
  driveway entrance where it crosses the road shoulder, be re-installed, with an
  adequate swale for drainage. This involves approximately 290 square feet of
  asphalt. Failing this, we request financial compensation so another paving
  contractor can be hired to do the same.
  
  
  
  Sincerely,
  
  
  
  **** ******