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:27/09/2022

  Type:Product Issues
  Status:

  ResolvedMore 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.

  * Scheduled appt. for an estimate for July 26/22
  * Approved the quote provided and paid the deposit of $165.86to on July 29/22
  * Service scheduled for Monday, August 15, 2022
  * On August 15th, I received real-time updates on the technician's intended arrival and then watched him drive
  right by my house
  * No one even attempted to contact me to explain
  * When I finally got through myself, I was told that the technician didn't have the right equipment for the job.
  * I rescheduled for August 18/22
  * We arrived home after the work was done and we were not happy as there were several areas that were
  plainly visible that were not filled and sealed
  * Even more upsetting, our neighbours enquired with the tech and were told he could do theirs while he was
  there because it would take too long to get an estimate and schedule a visit - they also paid less than we did
  for more work
  * why did they not need to follow the same channels we did
  * why did they pay less - we feel we got shorted because we basically paid for their work to be done as well
  * no one responded to my email regarding this - I received a voicemail re: the acct balance 2-3 weeks later but
  I had not received a final bill
  * I called back and explained that no one responded and that I hadn't received a bill and I was told she would
  send the bill again but to ignore it for now as she was going to expedite my concerns as no one responded
  * received a call to book another appointment for review. I told her I did not receive any response to my email and that I could not take time off work again and that I could only book Sept. 30th after 2:30 pm - was told she would let them know
  * called again as I heard nothing back - still no response from email and not confirmed for Sept. 30th still.
  *Asked for the girl that I spoke with that was going to expedite my email to call me back but she never has.
  * It's now Sept. 27th and I still have no resolve

  

  Business Response

  Date: 08/10/2022

  Hi ******, 

  I hope you’re having a good long weekend! 
  

  It was a pleasure speaking with you last week and hearing your concerns in detail. I took note of your situation and made sure to share it with our team. 
  

  I am happy that we were able to resolve the matter in a way that was fair to us both. 
  

  Kind regards, 

  Customer Answer

  Date: 11/10/2022

  
  ****** ******** *******
  
  
  
  I have reviewed the response made by the business in reference to ********* ** ********, and find that this resolution is satisfactory to me.
  
  
  
  
  Sincerely,
  
  
  
  ****** ********

• Initial Complaint

  Date:22/09/2022

  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.

  April 2021 we entered into a contract with Black Tar, paid deposit for a new asphalt driveway. completed and paid in full Jul30. 2021. After which We provided photos + lengthy list of fixes required. Less than 1month later operators came to fix ponding areas and review areas with severe segregation of materials. It was agreed that the following season they would provided an asphalt overlay to remedy all issues. Sept14 2021 we agreed to quote and terms (*****) to have issues above fixed under warranty.
  June13 2022 operators arrived, promising to provide us with an overlay ‘fix’ that would remedy all the ponding and segregation issues and a driveway far better than the original.
  I reviewed the driveway with them before they left the property and indicated 2 areas that had were very deeply ‘pocked’ with holes. They proceeded to fix them + many other areas with blowtorch and shoveled material sloppily hand tamped. I immediately called the company and expressed my disappointment with the work. We have numerous areas that were overheated with those torched on patches that are so porous and so and grainy, blown apart from oxidization, the asphalt can be literally scraped away with the scuff of a shoe. Segregation that was supposed to have been better with this fix. We have cracks already appearing in other locations and also locations which are extremely pitted and pocked midway down the driveway that will crack too. This overlay FIX is so much worse than the driveway that we had originally paid for.
  Jul13,2022 a QA inspection took place where 2 employees agreed that it absolutely needed to be repaired.
  Aug9,2022 another QA inspection took place in the rain with 3 Heads of company who arguably teamed up in me and denied the first inspection results and argued the driveway is acceptable as is. It shouldn’t have been viewed in rain. I received email Aug16 from BT indicating they consider case closed. bad business. Our contract was not fulfilled. Please help.

  

  Business Response

  Date: 29/09/2022

  Hi ******,

  Thank you for taking the time to leave us a review. My name is ****, and I'm the *** at Black Tar Construction.

  I would like to start off by apologizing for how you feel towards the service we've provided to you thus far.  Our team attempted to resolve your issues and I would like to provide a brief explanation in response to some of your concerns. In regards to the initial concern regarding the asphalt surface, we attempted to provide repairs as per our contract states (clause 1 attached). Unfortunately, despite our best efforts, you were not happy with the repairs from a cosmetic perspective. Although there were no structural defects, we went ahead and agreed to resurface your entire driveway to ensure your happy with your investment. Resurfacing is a service where we add an additional layer of asphalt on top of already existing asphalt. Although our contract states that an overlay does not come with a warranty, we did it for you and maintained your life-time warranty in hopes of again, ensuring you're satisfied with our service (clause 2 attached). After hearing your disappointment again, our team went out to your property for a third time to address your concerns, and this is where we once again, attempted to repair the cosmetic appeal of your driveway to your satisfaction. We dedicated substantial effort, time and resources to resolving the issues with your property. Our team worked dedicated hours to resurface your drive way with the utmost care. Again, this was never an issue for us because it meant we were giving you all the attention we can to ensure you're satisfied.

  I personally passed by a few weeks ago to inspect your property to see why you were still unhappy with us, and you brought to my attention 2 main concerns:

  1) Rough looking asphalt around the edges and on your asphalt surface by your front entrance towards the right when facing your property; and

  2) One area of pooling on the right side of your asphalt surface when facing your property.

  My response to your concerns above:

  1) As you know, we use commercial grade asphalt, this type of asphalt is coarse (contains more stone) than other types of asphalt. This allows for strength and longevity. In our contract it states that rougher looking asphalt is expected in areas where handwork is required, such as around the edges and by the road and garage door, due to equipment size limitations. This is not going to affect the longevity of your asphalt surface and is only cosmetic. I attached the clause from your contract that explains this portion (clause 3 attached).

  2) With all our projects, we ensure the level and drainage of the driveway meets our requirements for water run off. When i arrived, I immediately verified the level of your driveway to check drainage and slope and found that water is draining in the right direction. I then proceeded to inspect the exact pooling area, which was an area less than 2 sq.ft, and showed you that the area is well within tolerance. Our contract states an allowable tolerance up to 3.75mm or 0.14 inches. Upon measuring your pooling area, it was less than 1.75mm deep, which satisfies the tolerance requirements according to industry standards given the nature of the compatible material (asphalt) that we are working with (clause 4 attached).

  At Black Tar, we strive to ensure customer satisfaction. What we are willing to offer you to ensure you are satisfied, is a free sealing service in 2023 (value of $550) absolutely free. Sealing is a service that provides a fresh layer of tar (the product in asphalt that holds everything together) it will also fill most of the voids in the asphalt and provide a smoother looking surface.

  Customer Answer

  Date: 02/11/2022

  
  
  Complaint: 18061610
  
  
  
  I am rejecting this response because:

  In response to Black Tar (BT) reply on September 29: They state that the original driveway install had no structural defects and that the issues were were purely cosmetic. This is false. We contacted BT immediately after the driveway was initially installed with photos after which One of the co-owners visited our property to inspect. Multiple areas were measured where water was pooling and found to be unacceptable depths of water. He also agreed that the many segregated areas across the surface of the driveway were beyond acceptable and were due to equipment problems and the inability to keep the asphalt hot. He initially attempted to patch the low ponding areas with torched on material to repair them. When that failed to fix the issue he suggested that the driveway be resurfaced the following season. Many photos were taken to document everything. 

  Yes Black tar agreed to honor the lifetime warranty on the asphalt overlay but only due to my requesting it to be added to the overlay contract. By no fault of our own, the surface of the original driveway was defective, and it was NOT ONLY cosmetic. The lifetime warranty on the overlay should not be treated as a ‘courtesy’ to us rather an obligation by BT to honour their work. 

  BT response also indicates that their team visited our property a 3rd time to address our concerns and that they “once again attempted to repair the cosmetic appeal” of our driveway. This is false! 

  The second visit to apply patches to the original driveway cannot be considered an attempt to FIX the issues we had. 

  As mentioned The co-owner that day found that we still had measurable ponding after the grainy patches were applied. Which is why the overlay was suggested before they left our property. 

   

  The next visit by BT was this past spring to review the work to be completed for the overlay. We were promised a driveway with no issues that we would be completely happy with. This obviously did not happen as outlined in the original complaint. These issues are not “purely cosmetic”. 

  During the work install the foreman in charge left and did not return to review the work. Immediately following the work being ‘completed’, I contacted BT before the installers left the property to express our concerns with the installation followed by email with photos. 

   

  After numerous requests, Two inspectors came to visit to review our concerns and completely agreed with all of our issues. They took many photos and agreed that all of our concerns were reasonable and warranted and that someone at BT would contact us to discuss a method to repair. 

  However, we received no contact back from BT and had to follow up numerous times with emails and photos of our own of the defects before a second inspection visit took place which the 2 owners were apart of with another team member. 

  During this visit (in the rain) I went through the lengthy list of concerns and issues with the driveway with 3 BT staff. 

  However per BT response here they say that I had only “two main concerns”: a rough appearance around the edges & at the front door AND one area ponding area. This is also absolutely FALSE!

  My main concerns (apart from the minor ponding issue) to name a few were the numerous patches areas blown apart with a torch where the installers felt that the surface was inadequately installed. What we were left with were numerous areas across the surface of the driveway that are so grainy that you can literally scuff the asphalt away with a soft brush of your foot. We also have an incredibly segregated and deeply pitted porous surface across the majority of our driveway as well as cracks occurring in multiple areas. On top of all this we are left with a mountainous asphalt surface that is now so high above the elevation of the grass edge that backfilling against it (as the BT terms require) will cost us a fortune in fill and requires us to regrade our front yard around it to a large extent. 

  All these issues were identified to you when you “personally passed by” to inspect with two other staff members. I also specifically pointed out that this inspection should never have taken place in the rain. All of this has been documented and photographed. 

  I felt bullied and NONE of our concerns were taken seriously and were all very quickly dismissed as simply cosmetic. 

  BT terms state that defects are to be repaired meanwhile that is not mentioned in your response at all. Neither is the results from the first inspection that took place before you visited. 

  All of Our issues have been reviewed by an Engineer who concurs that the deep porous surface of our driveway is defective and the extents of the segregation is unacceptable and will ultimately fail leading to potholes regardless of any type of traffic on it. The only way to fix ‘some’ of the pitting and rough areas and segregation is a sealant with sand mix to actually ‘help’ fill voids. Straight sealant will not do this. This however still does not address the reason behind the premature cracking that is happening that will likely reoccur even with sealant. There are also questions surrounding the ‘commercial grade’ asphalt claims and the reasons behind the consistent issues with surface texture. 

  Yes the BT contract states that a rougher appearance is expected however segregation and cracking are a defect By ANY Asphalt standards. 

  Concerning your offer: 

  After all the issues that we had with the original driveway installed and the attempted failed fix, we were already promised by your co-owner a free complementary driveway seal which is, per your lifetime warranty, required at biannual maintenance visits. 

  When I mentioned this during YOUR inspection visit, You very quickly dismissed it and said that this offer was now “off the table” because an overlay was installed.  This is very dishonest and poor ethics. 

  The original driveway always required repair and that original ‘free seal’ offer was a courtesy offered to us already because of ALL the issues we had with the initial installation. So to attempt to take that original offer away and re-offer it NOW as a means to solve the problem is completely unfair and unethical! It is already owed to us from last year and is NOT sufficient at all as means to solve or make better the issues we have now with this deficient overlay BT has provided. 

   

  
  
  
  
  Sincerely,
  
  
  
  ****** *******

  

  Business Response

  Date: 14/12/2022

  I hope you’re doing well and staying safe and healthy.
  
   
  
  Thank you for taking the time to stay in touch regarding your driveway concerns.
  
   
  
  I completely understand your frustration and as you know, we always aim to please every customer. I understand the initial asphalt project installation had concerns that you addressed, we proceeded to provide you with an overlay. An overlay is a service where we repave your driveway from scratch over existing asphalt. This extends the asphalt’s lifespan if properly maintained due to the increased thickness of the asphalt.
  
   
  
  I did come out myself as you mentioned to inspect the overlay since you had some concerns with that. You had 2 main concerns.
  
   
  
  Concern 1: Pooling in the right corner when facing your property.
  
  Response: The pooling area was deemed to be 1.75mm deep. Our contract states we are allowed up to 3.5mm deep before we must repair the area of concern. (Screenshot of pooling clause attached)
  
   
  
  Concern 2: Surface-level segregation
  
  Response: Considering a total thickness of 4” to 6” of asphalt, surface-level segregation will never harm the base of your project. Additionally, during your maintenance visit, we will spray UN1999 TAR on your asphalt surface. This will allow your asphalt to maintain elasticity to minimize cracking, the TAR also acts like the glue that holds everything together. Segregation is common in the asphalt world. It does not harm your asphalt and is considered more cosmetic than structural.
  
   
  
  You mentioned you had an engineer inspect your project. I would greatly appreciate seeing the report your engineer provided you if you don’t mind. This will ensure all the concern(s) addressed in the engineer’s report are taken care of. Again, I want to really make sure you are satisfied. I would like to offer you your 2023 Sealing visit for ABSOLUTELY FREE (worth $550) ??
  
   
  
  Just to recap, during your maintenance visit this coming season (2023) we will conduct a free inspection of your asphalt surface to ensure all repairs are conducted prior to the sealing commencing. I really hope this helps and that I was able to provide you with answers to your concerns.
  
   
  
  Regards,
  
   
  
   
  
   
  
   
  
  
  
   ***************************************************  ***************************************   ********************** 
  
   **** *******
  
    *** at Black Tar
  

  
  

  Customer Answer

  Date: 24/12/2022

  
  
  Complaint: 18061610
  
  
  
  I am rejecting this response because:

  Per our previous responses we had more than 2 concerns. The most major being the severe segregation and open porous pitting and the cracks that is already appearing.

  Your reply that “Segregation is common in the asphalt world. It does not harm your asphalt” is rejected as well. It absolutely DOES harm the asphalt by allowing water and moisture in which will cause premature cracking, potholes and degradation. This is obviously not what we signed up for. Thickness of asphalt aside, if it is so porous from installation day 1, how is this investment really going to hold up over time. Sealing it will bandage-fix the problem and by next season we will already have a driveway full of visible crack sealer. We are relying on your seal to hold this thing together. Which sounds like our only option considering the unrealistic alternative is to redo it properly. The sealant will need to have a fine aggregate sand in order to fill up the less severe voids in the surface. 
  
  We also raised concern about the mountainous height of the driveway that which per the terms requires backfilling to keep it in place. The requirement to add the overlay was due to the poor quality of the first install. Now as a result we have a much heavier than anticipated expense in having to now essentially regrade the property around the driveway including a new retaining wall due to the new elevation of all this asphalt. 
  

  All that being said (again) we appreciate the reconsidered offer to seal the driveway at your expense. Considering it was already offered to us as compensation for the troubles we’ve had throughout this ordeal but then you took it away when I mentioned it on your last visit. It is owed to us as it was already promised to us last year regardless of the overlay now applied. It does require more than tar as mentioned above. What we would expect as well is for Black Tar to own up to this incredibly drawn out unfortunate ordeal and provide the proper sealant as well as a percentage refund back on our purchase.  

   

  
  
  
  Sincerely,
  
  
  
  ****** *******

• Initial Complaint

  Date:22/07/2022

  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.

  Black Tar escavated and paved our driveway with asphalt on July 23, 2021, and the job was paid in full totalling $4614.69 on that day. A number of concerns were brought to their attention verbally and through emails and issues remain unresolved.
  * They created a safety hazard when they created a 2-3 inch lip onto our interlock stonework. This tripping hazard did not exist before they paved our driveway. They agreed they should have discussed this with us at the onset. They assured us they would come up with a plan to address our issues but have not.
  * Furthermore, the top half of driveway asphalt is poured over top of the edge of the interlock causing the interlock stones to slant down, while the lower half of the driveway the asphalt does not even meet up to the interlock, leaving a 1/2 - 1 inch gap. So lifting the interlock without redoing the driveway will not solve the issue.
  *The quality of the asphalt is terrible. It continuously breaks off into crumbling pieces that have to be swept up. A light touch of the broom sweeping will cause even more crumbling. This crumbling is also occurring in other sections of the driveway. Some paved areas are smooth and others appear fragmented as though there was not enough tar mixed in.
  *In Nov. 2021, we could not jack up the cars on our driveway to change tires as the asphalt was too soft and it was unsafe. We had to do this task on the street. They said they would come out to assess in the spring after the winter frost. During the winter months the asphalt was lifting and cracking. We sent them several emails including photos of all the concerns over the course of the year. We requested asphalt be re-escavated and a higher quality of asphalt be used. They admitted they no longer use the asphalt that was applied to our driveway because of the problems.
  To date, they have not resolved any issues. Appear as they do not care to remedy our concerns in any way.

  

  Business Response

  Date: 03/08/2022

  Good afternoon ****,

   

  Thank you for bringing your concerns to us.

   

  In October of 2021, we sent out our COO, Paving Foreman, and Director of Field Ops to asses the driveway and determined the paving job was complete and above standards. They also send out a technical asphalt tester from our asphalt supplier who determined that the mix of asphalt was correct.

  On June 23, 2022, you met with ***** who assessed your driveway for drainage. He determined that the grade was correct in order to flow away from the house, which caused a seeming high spot where your interlock is, it was determined that your interlock would need to be brought up to the height of the garage floor (what we use to determine grade).

  After this inspection, ***** felt that there was no need to continue with any fixes as the driveway was deemed satisfactory. We have not received any communications from you since June 23, 2022 and we wrongly assumed that you were satisfied as well so we do apologize for that. 

  We are absolutely willing to work with you in order to alleviate your concerns, we have many options that we could discuss if you would like us to set up another inspection with our management team as well as QC.

   

  Please let me know how you would like to proceed.

  Customer Answer

  Date: 04/08/2022

  
  
  ********** ********
  
  
  
  I am rejecting this response because:  This response is not satisfactory as it does not address the concerns.  We have consulted with other paving company's and they have validated our concerns and feel we are victims of poor quality product, damage to our existing landscape and they have created a safety hazard on our property that is against the Ontario Building Code.  Over the year we have brought these concerns to their attention and they lead us to believe they agree and will resolve the situation, but they have not followed through.  Verbally, they admitted to us that they should have discussed the level of our interlock needed to be raised before they paved and just recently, ***** admitted that they are no longer using that asphalt because they have been having problems with it.  However, on email responses, they take no responsibility.  We are at a point now where we do not trust them.  We did our part by paying them in full, but they did not deliver.   We have been patient and operating in the spirit of cooperation, but they are showing themselves to be unethical and not trustworthy.  We remain firm on our request for full money back reimbursement plus the cost differential for todays rates.  
  
  
  
  Sincerely,
  
  
  
  **** *******

  

  Business Response

  Date: 04/08/2022

  Hello again ****,

   

  We do apologize for making you feel as if we are not trustworthy, that is absolutely not our intentions. Your asphalt was tested and deemed appropriately mixed by our manufacturer. If you would like, I can provide you with some companies who can do a third-party sample for you.

   

  As for the height differential we can assure you we paved to the correct height, your asphalt is correct and your interlock would need to be lifted to correct the grade. We are willing to send an estimator out to you and they can determine what it would take, we would also provide you with a discount on that quote for your satisfaction. 

   

  Your warranty, so long as it is maintained appropriately, will cover all of the affected areas and sealing will cover most of the cosmetic issues you're concerned with as well.

   

  Please don't hesitate to reach out. 

  Customer Answer

  Date: 05/08/2022

  
  
  ********** ********
  
  
  
  I am rejecting this response because:  We remain unsatisfied with the response from Black Tar.  Again, they refuse to take responsibility.  We need the asphalt redone.  It is cracking, crumbling, and very porous in many areas and the companies that came to look at it all said that it will not last.  A good quality asphalt should not require to be sealed as Black Tar is suggesting.  Our Interlock stone work was done in 2017.  Black Tar paved over the edge of it at the top section of our driveway.  This has pushed our interlock down , while also creating a 2-3 inch lip, creating a substantial tripping hazard.  They are responsible for not being in compliance with the Ontario Building Code.  It's terrible workmanship and they won't take any responsibility for the damages they have created so we cannot make the mistake of having them return to do any work for us again.  We remain firm that we want our full money back refunded plus the additional costs with todays increased rates.  
  
  
  
  Sincerely,
  
  
  
  **** *******

• Initial Complaint

  Date:18/07/2022

  Type:Billing Issues
  Status:

  ResolvedMore 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.

  I have been trying to pay my final invoice. I would like to pay be credit card, as the terms of service says I can do. I'm am aware that I must pay a 3% service fee on any amount other than the deposit that I pay with credit card and am fine with this.
  
  The amount I'm trying to pay, is the remaining balance of $5740.00. The office "Britney" is telling me I must pay the 3% on the sub total of the entire contract *$7,728.10), rather than the amount outstanding because "this doesn't include tax".
  
  Not only does that not make any sense, but it is counter to the clause in my contract with Blacktar which reads
  
  ""Any other amount owed to Black Tar, including the balance owed on the project, is to be paid via cheque, cash, e-transfer, or debit/credit
  
  via our online payment system. A three (3%) percent processing fee will be charged on any payment made by credit card, other than the initial deposit."

  

  Business Response

  Date: 20/07/2022

  Good morning *****

   

  Thank you for bringing this miscommunication to our attention. Our office staff were trained with the incorrect terminology in mind and we have since amended our procedures.

   

  You are now paid and your project is complete. Please reach out if you have any questions. 

   

  Have a great day!

  ********

  Customer Answer

  Date: 20/07/2022

   
  
  Better Business Bureau:
  
  
  
  I have reviewed the response made by the business in reference to complaint ID ********* and find that this resolution is satisfactory to me.
  
  
  
  
  Sincerely,
  
  
  ******** ****