How to File a Complaint Against an Asphalt Contractor: Your Step-by-step Guide

Filing a complaint against an asphalt contractor requires documenting issues, contacting the contractor, and reporting to authorities like state licensing boards or the Better Business Bureau. Start by gathering your contract, payment receipts, and photos of poor workmanship. These materials prove your case when submitting complaints to agencies such as your state’s Attorney General office or consumer protection division.

This guide explains how to handle disputes over substandard paving, unlicensed work, or billing fraud. You’ll learn where to file complaints, what evidence to collect, and how state-specific processes work in Utah, North Carolina, and other regions. We’ll cover direct negotiation tactics, BBB reporting, and legal options for unresolved cases.

Common Reasons to File a Complaint Against an Asphalt Contractor

Knowing when to act saves time and money. Spotting red flags early helps protect your property and wallet.

Poor Asphalt Workmanship or Substandard Results

Cracks forming within weeks? Potholes after one winter? These signal poor work. Look for uneven paving, poor drainage, or weak edges. Check if the crew met ASTM D6932 specs for asphalt compaction (95% density). Bad mixes may show raveling or alligator cracking. Document flaws with photos and third-party reports.

Failure to Honor Contract Terms or Asphalt Industry Standards

Contracts set rules for materials, timelines, and costs. Did they skip layers like the binder course? Use 3/4″ aggregate when 1/2″ was agreed? AASHTO M 323 sets mix design rules. If work veers from your signed deal, note each breach. Keep logs of missed deadlines or swapped materials.

Unlicensed Asphalt Paving Operations

33 states require asphalt licenses. Ask for proof like a CSLB number in California or TDLR in Texas. Unlicensed crews risk fines up to $15,000 in Florida. Check status via state websites. Report fake or expired licenses to local building offices. This stops rogue operators.

Financial Fraud or Unauthorized Charges

Watch for sudden “extra fees” or double billing. Did they charge $150/ton for asphalt when market rates are $120? Track payments. Credit cards offer chargeback options. Report theft to the FTC or state AG. Keep all receipts and signed change orders.

Ready to act? The next step is building your case with solid proof.

Gather Essential Documentation

Building your case requires precise records. Collecting proof strengthens claims of poor work or contract breaches. Documentation serves as your primary tool when pursuing resolution.

Asphalt Contract and Project Specifications

Locate the signed contract outlining project scope, materials, timelines, and costs. Verify if it references industry standards like those from the National Asphalt Pavement Association (NAPA). Contracts specifying PG binder grades or compaction density (typically 92-96% for driveways) prove vital when disputing subpar results.

Payment Receipts and Financial Records

Compile invoices, canceled checks, or credit card statements showing payment history. Note discrepancies between quoted versus billed amounts. Financial trails help substantiate claims of extra charges or billing fraud. Keep records of deposits exceeding 33% upfront—many states cap prepayment limits for contractors.

Photographic Evidence Of Asphalt Driveway Defects

Capture images of issues like raveling, cracking, or improper drainage within 30 days of project completion. Time-stamped photos showing low-density areas or uneven joints bolster claims against contractors. For severe defects, hire licensed inspectors to document core samples measuring thickness against contract specs.

Communication Logs (Emails, Texts, Written Correspondence)

Organize messages discussing project delays, material changes, or quality concerns. Screenshot text chains where contractors ignore repair requests. Written proof of unresolved issues strengthens complaints filed with licensing boards or consumer protection bureaus.

With documentation ready, the next phase involves structured escalation through official channels.

Steps to File a Formal Complaint

Resolving issues with asphalt contractors requires methodical action. Follow this five-step framework to protect your rights and property.

Step 1: Address Concerns Directly With the Asphalt Contractor

Start with direct communication within 30 days of project completion. Document all interactions using emails or certified mail for legal validity.

Request Written Explanation for Disputes

Demand a line-item response to specific grievances like improper asphalt compaction (below 92% density) or deficient base preparation. Contractors must explain deviations from ASTM D3515 mix standards.

Negotiate Remedies for Asphalt Quality Issues

Propose solutions for raveling surfaces or alligator cracking. Common fixes include partial refunds ($15-$25 per square yard) or corrective infrared patching for failed seams.

Step 2: Report to State Licensing Authorities

Unresolved complaints require escalation. All 50 states mandate asphalt contractor licensing through agencies like California’s CSLB or Texas’ TDLR.

Verify Contractor License Status

Check license databases using the contractor’s 8-digit license number. Unlicensed work voids liability insurance – a red flag for asphalt fraud complaints.

Submit Complaint to State Construction Boards

File Form 11-0071 (New York) or equivalent. Include proof of PG binder grade violations or thermal segregation defects. Boards can revoke licenses for repeated offenses.

Step 3: File With the Better Business Bureau (BBB)

The BBB resolves 70% of asphalt company complaints through mediation. Cases involving bait-and-switch pricing or ghosting after deposits get prioritized.

BBB Complaint Process for Asphalt Companies

Submit via BBB.org with project contracts and thermal imaging scans showing subsurface voids. The contractor has 14 days to respond before public posting.

Tracking BBB Complaint Resolution

Monitor case #ASPHALT-XXXX through the BBB portal. Escalate unresolved cases to BBB’s National Programs for binding arbitration under FTC guidelines.

Step 4: Contact State Attorney General’s Office

For damages exceeding $10,000 or pattern violations, use AG consumer protection divisions. Seven states prosecute asphalt scams as felonies.

Consumer Protection Division Procedures

Complete Form CP-22 (Illinois) detailing financial losses from premature rutting (>12mm deformation). AGs can levy $25,000 fines per violation.

State-Specific Asphalt Contractor Complaint Forms

Attach mix design tickets and nuclear density tests. Florida’s Form AG-ASPHALT requires notarized proof of failed stability tests (below 1,500lbs).

Step 5: Utilize Online Complaint Portals

Digital reporting creates permanent records. Federal agencies share data through the Consumer Sentinel Network used by law enforcement.

Digital Submission to Consumer Affairs Agencies

Upload time-stamped photos of segregation or bleeding asphalt to USA.gov’s contractor complaint tool. Include GPS coordinates for inspection verification.

Online Reporting of Asphalt Fraud Complaints

Flag fraudulent not-to-exceed bids on FTC.gov. Reports trigger investigations into Superpave mix substitution scams – a $200M annual industry issue.

While formal complaints address immediate concerns, environmental violations require separate handling. Proper disposal of asphalt materials and reporting of regulation breaches form the next critical layer of protection.

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Also See: Asphalt Performance Testing Methods You Should Know

Handling Environmental Concerns With Asphalt Projects

Asphalt projects must follow federal and state environmental rules. Contractors who ignore these standards risk fines or legal action. Common issues include improper disposal, toxic runoff, or air quality violations during hot mix asphalt production.

Reporting Environmental Regulation Violations

Report contractors releasing fumes above EPA thresholds or dumping waste into storm drains. Contact the Environmental Protection Agency (EPA) hotline at 1-888-546-8740 or use their online portal for spills or Clean Air Act breaches. State agencies like Texas Commission on Environmental Quality (TCEQ) or California’s CalEPA handle local violations. Provide photos, work dates, and contractor license numbers when filing.

Proper Disposal Of Asphalt Materials

Contractors must recycle milled asphalt (RAP) or use approved landfills under Resource Conservation and Recovery Act (RCRA) guidelines. Report contractors leaving debris on-site or mixing fresh asphalt with hazardous waste. The National Asphalt Pavement Association (NAPA) requires members to follow recycling best practices – non-compliance can trigger complaints to state asphalt contractor boards.

Having proof of environmental harm strengthens your case. Next, let’s review common questions about state-specific complaint processes.

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Frequently Asked Questions

How Do I File a Complaint Against an Asphalt Contractor in Utah?

In Utah, you should first try to resolve the issue directly with the contractor. If this does not work, you can file a complaint with the Utah Division of Occupational and Professional Licensing (DOPL). Ensure you have all necessary documentation ready, including your contract and any correspondence with the contractor.

How Do I Report a Bad Asphalt Contractor in North Carolina?

In North Carolina, complaints can be reported to the North Carolina Licensing Board for General Contractors. You can file a formal complaint if the contractor fails to meet their contractual obligations or operates without a valid license.

How Do I File a Complaint Against an Asphalt Contractor in South Dakota?

In South Dakota, you can report an asphalt contractor by contacting the South Dakota Department of Labor and Regulation. Make sure to gather all relevant documents and evidence before filing your complaint.

How Do I File a Complaint Against an Asphalt Contractor in Michigan?

Michigan residents can file a complaint with the Michigan Department of Licensing and Regulatory Affairs. Provide detailed documentation, including a description of the issues encountered and any communication you’ve had with the contractor.

How Can I File a Complaint Against an Asphalt Contractor Online?

Many state authorities and organizations like the Better Business Bureau allow you to file complaints online. Visit their official websites, fill out the necessary forms, and upload your supporting documentation to streamline the process.

How Do I Report an Unlicensed Asphalt Contractor?

If you suspect a contractor is unlicensed, report them to your state’s licensing board. Provide details such as the contractor’s name, business address, and a description of the work performed. This can help authorities take action against illegal operations.

How Do I File a Complaint With the Attorney General Regarding an Asphalt Contractor?

To file a complaint with your state’s Attorney General, visit their official website to access the consumer complaint section. Complete the complaint form, detailing your issues with the contractor and including any relevant documentation to support your case.

Final Words

Navigating the process of filing a complaint against an asphalt contractor can seem daunting, but it’s a vital step to protect your rights. Whether it’s due to poor workmanship, failure to honor contracts, or financial discrepancies, knowing how to approach the situation is essential.

Start by gathering all relevant documentation, including contracts, photographs of deficiencies, and communication records. Following the outlined steps—addressing your concerns with the contractor directly, reaching out to licensing authorities, and utilizing complaint services—ensures that your grievances are heard.

Your voice matters. By taking action, you not only advocate for yourself but contribute to improving the standards in the asphalt industry.

For further insights and resources on this topic, visit Asphalt Calculator USA.

Useful References for You:

• American Association of State Highway and Transportation Officials (AASHTO). (2008). Mechanistic-Empirical Pavement Design Guide (MEPDG). Washington, DC: AASHTO.
• How to File a Complaint Against a Contractor (50- State Guide)
• File a complaint against a home improvement contractor | Mass.gov
• File a Formal Complaint | Arizona Registrar of Contractors
• How to File a Complaint with the Contractors State Licensing Board – California Department of Consumer Affairs