UPDATE! Gorman now has SIX COMPLAINTS against him with the BBB, including ours. So, while our complaint has been on-going, yet another dissatisfied home owner has taken action against him. Doesn't that sound like someone who stands behind his work and ensures that his customers are satisfied? During our initial meeting with Mr. Gorman on August 29, we walked the site with him and explained the details of the work, including the necessity of controlling the flow of water between our house and detached garage and the driveway and detached garage. We explained that it was crucial that water not settle against, or enter the garage or house. Mr. Gorman represented himself and his company as expert in asphalt paving and laying patio stones in such a way that the flow of water would be properly controlled. Specifically, he assured us that the work would be done in such a way that water did not drain against, or enter, either the house or detached garage from either the driveway or the area between the house and garage. He further assured us that he would do whatever it takes to satisfy us and would stand behind his work. Based on all those assurances, we hired him to do the job. Work commenced on Friday, September 4, 2009. After Mr. Gorman’s crew finished laying the patio stones in the area between the house and garage, it was evident that the stones had been placed in such a way that water would flow directly against the detached garage. We addressed the problem with Mr. Gorman immediately, while the work was still on-going. Mr. Gorman assured us that the patio stones had been laid in such a manner as to direct the water away from either the house or garage. To prove this, Mr. Gorman used a garden hose to direct water onto the area between the house and garage. The water immediately formed into a large pool against the garage and stayed there for approximately 20 minutes. The area was still quite wet over an hour later, despite the fact that it was a hot, sunny, dry summer day. Upon seeing for himself that he had in fact created a drainage problem rather than correctly controlling the flow of water as promised when we hired him, Mr. Gorman became irate and refused to take up the stones and re-grade the area. At that time, he stated that he is not concerned with drainage, thus directly contradicting the assurances he had given us in order to induce us to hire him. At that time, Mr. Gorman threatened to put a lien against our property if we did not accept the work “as is.” He also threatened to put a lien against our neighbor’s house, should they attempt to cancel their contract with him. He then proceeded to become extremely insulting to us at our home and in front of his entire crew, and later became so angry that his own crew had to forcibly remove him from the premises. Despite the fact that work continued for several more days, Mr. Gorman never returned to the worksite, nor did he ever again review or supervise the continuation of the work by his crew, thus leaving unqualified and unlicensed workers to make decisions about, and perform, work on our home without qualified direction, advice, or guidance. On Monday, September 7--two days after pointing out the drainage problem to Mr. Gorman--water did in fact enter our garage from the area where Mr. Gorman himself had observed the water pool. The water came in at the base of the garage wall, where it was directed to travel by the angle and height of the patio stones that Mr. Gorman’s crew had installed. We took a photograph of the water coming into the garage and e-mailed it to Mr. Gorman with a request that he remedy the situation. Our e-mail exchange with Mr. Gorman, including his reply to us and the photograph of the water in the garage are attached for your review. In his e-mailed reply, Mr. Gorman agreed to send one person to look at the area the following day, with no guarantee that he could or would fix the problem. Because Mr. Gorman expressed uncertainty regarding how to grade the area to allow for proper drainage, we offered to hire—at our own expense—a drainage expert to consult with him on the matter. We offered Mr. Gorman the opportunity to review and approve the credentials of said expert before agreeing to implement the expert’s solution. Mr. Gorman would not agree to that arrangement. The next day, Tuesday, September 8, Mr. Gorman sent an employee who, by his own reporting, had only been employed by Gorman Paving for one day previous thereto and was a brick mason who had never professionally installed patio stones. That employee, and other members of Mr. Gorman’s asphalt crew, then spent several hours discussing what should be done to correct the problem. It was quite clear that Mr. Gorman’s crew had no idea how to correctly grade an area for patio stones, as evidenced by the following events: The next day, Wednesday, September 9, the brick mason on Mr. Gorman’s crew returned—now his third day on the job—and started to continue installing the patio stones in the same manner as the day before, following the same inappropriate slope as the day before. We pointed out that all the stones installed so far were sloped toward the garage and were placed high enough to force the water between the garage wall and foundation. Mr. Gorman’s employee agreed with the problem but wished to finish laying the stones anyway, without correctly grading the area. At that time, we terminated the work in an effort to mitigate our damages, as it was obvious that our garage and its contents would be flooded during the next heavy rain. We asked Mr. Gorman’s crew to remove the stones that they had installed incorrectly so that water would drain into the ground rather than into the garage. We are now seeking another contractor to install the stones correctly. During the course of the work, we were provided with an e-mail written by Mr. Gorman and directed to a potential subcontractor. That email is dated just a few days after we hired Mr. Gorman. Mr. Gorman’s intent in the e-mail was to subcontract the paving stone work, because he did not have the crew to handle it, despite having presented himself as fully prepared to do such work when we signed the contract with him. That email message is attached. Mr. Gorman was not successful in subcontracting the laying of the stones in the area between the house and garage, and instead used his asphalt paving crew to do the work. (He did, in fact, subcontract the expansion of our front porch to King Construction--the recipient of the attached email—as well as the application of patio stones on that porch. That work appears, at this point in time, to have been done competently, so we do not take issue with that portion of the job. Moreover, although we have concerns about the driveway paving performed by Mr. Gorman, we are not presenting those issues in this complaint.) In summary, we assert that 1) Mr. Gorman deliberately misrepresented his intentions and the ability of his crew in order to induce us to sign a contract with him; 2) Mr. Gorman took on work that he and his crew were not qualified to perform; 3) Mr. Gorman made assurances and promises to us regarding the control of water flow that he did not fulfill, and, in fact, later denied that he had any intention of fulfilling; 4) Mr. Gorman’s workmanship was negligent and did not meet industry standards by failing to grade the area in such a way as to control the flow of water and avoid damage to nearby structures; 5) Mr. Gorman’s manner in dealing with us was highly unprofessional, insulting, and inflammatory, eventually resulting in his own crew physically removing him from our property; 6) Mr. Gorman abandoned the worksite, leaving unqualified workers to determine the scope and method of performing the work without any level of qualified, licensed review or instruction; 7) Mr. Gorman charged us the full, original contract price of $16,786.00 for work that, portions of which, he misrepresented to us and could not competently perform; 8) Mr. Gorman damaged our property, in that he severed our electric fence line--including completely removing a section approximately 50 feet long--despite having been cautioned repeatedly about its location and importance. He has offered no reimbursement for that damage; 9) Mr. Gorman’s contract terms are unconscionable and were used by him--after we complained about a problem with the work--to threaten and intimidate us into silence. Specifically, he threatened to walk off the job and sue us for breach of contract, to put a lien against our house, and to cancel all warranties, simply because we expressed dissatisfaction with the work. We assert that, based upon the above related facts and occurrences, Mr. Gorman should return to us $10,000.00 of the funds paid to him to cover the cost of having the patio stones laid correctly and the electric fence reinstalled. We make no claim, at this point, for our distress and inconvenience, which has been considerable. Attachments:
Printed below is the complaint we filed with the Better Business Bureau in our area against Pat Gorman and Gorman Paving of Northern Virginia as a result of the events described on this Web site. We have not yet been notified of any action that will be taken as a result of our complaint.
Our Complaint
We hereby submit a formal complaint against Gorman Paving and its owner, Patrick Gorman. Mr. Gorman’s Class A license number is 2705075084A. His published business addresses are 12216 Sour Gum Court, Gainesville, VA 20155; and 9532 Liberia Avenue, Manassas, VA 20110.
On August 29, 2009, we hired Gorman Paving to 1) adjust the size and grade of our existing asphalt driveway and apply a new coat of asphalt, and 2) lay patio stones along the side and portion of the front of our house and on our front porch, after properly grading the areas.
Our Reply to Gorman's Response
We have received your letter of September 30, 2009, along with the attached response of Mr. Pat Gorman of Gorman Paving to our complaint. We remain entirely unsatisfied with this situation. Mr. Gorman has made no effort to resolve any aspect of this dispute. In fact, his statement is nothing more than false accusations and insults. We repeat our demand for a refund of $10,000.00 of the monies paid to Mr. Gorman for work that he could not, and did not, perform and as compensation for destruction of our property.
To respond to every falsehood, insult, and abuse in Mr. Gorman’s statement would be a waste of this agency’s time, as they are irrelevant. We will, however, address the key misrepresentations of the events contained in his response.
SUMMARY OF MAIN POINTS
Mr. Gorman now claims additional funds from us while providing no proof whatsoever of any contracts or agreements to support those claims. He cannot provide such proof, because no additional contracts or agreements ever existed.
Further, we believe that Mr. Gorman’s sudden claim for additional money—which includes the suggestion that he will pursue the matter legally—is an attempt to intimidate us into not asserting our right to compensation. Thus, we assert that Mr. Gorman is attempting to illegally extort funds from us, an offense which constitutes a felony under Virginia law.
Mr. Gorman asserts that, when the patio stones were taken up and re-installed by his crew, the water drained fine. That is not true. First, as noted previously, Mr. Gorman was not present at our house to see the re-work that his crew performed. Thus, he has no knowledge of the facts, as all work occurred after Mr. Gorman personally abandoned the job. Further, his crew only re-installed approximately 4’ of an approximately 23’ long area. There were not enough stones installed at that point to do a water test, so one was never attempted. Moreover, the stones were laid as before; i.e., with the stones sloping down from the house toward the garage. A long level placed across the stones in that direction clearly showed the grade moving down toward the garage, rather than sloping to the center and toward the yard. This fact was pointed out to Mr. Gorman’s crew, which at that point consisted only of Chris, and Chris acknowledged the truth of it. Mr. Gorman himself does not claim that the area was graded properly, stating rather that the stones were installed even with the foundation. Thus, he admits that the stones were installed incorrectly, as they should have been installed below the level of the foundation, sloping down toward the center of the area.
Because Mr. Gorman’s crew obviously did not know how to grade the area (see original complaint for details regarding their efforts), we had no choice but to have Chris remove the few stones installed at that point and cease work. We could not allow our new garage and its contents to be destroyed by Mr. Gorman’s incompetent workmanship, and there was no point in allowing him to finish the job incorrectly. Mr. Gorman, through Chris, agreed to remove the stones and stack them, along with the sand and stone dust, in the area designated by Lisa, in exchange for being allowed to terminate the work. (Note that Mr. Gorman now attempts to charge us for removing the stones.)
In regard to the fence, Mr. Gorman and his crew were repeatedly warned about the existence and location of the fence and cautioned not to cut it. Until it was cut by Mr. Gorman’s crew, we relied on the fence to keep Georgie in the yard and safe from passing cars. Now, we cannot let her outside untethered because the fence has been severed.
Mr. Gorman owes us compensation for severing our electric fence. He has made no attempt to resolve that claim, but rather makes the ridiculous assertion that we no longer have a dog. We do, of course, have a dog. However, even if we did not have a dog, we did have a working electric fence until Mr. Gorman’s crew destroyed it, and we are entitled to compensation for the destruction of our property.
ADDITIONAL INFORMATION
The descriptions contained in each of the two contracts specify the general parameters of the work. Every item specified in Mr. Gorman’s list of tasks for which monies are still owed was part and parcel of the work included in the initial agreements. At no time did we agree to additional work. At no time were additional funds discussed. There are no change orders or contracts for additional services to be produced.
On Friday, September 4, 2009, when work initially commenced, Mr. Gorman asked for payment of 50% of the total price of both contracts. That request was consistent with the terms of the contract. We immediately provided him with a check for slightly more then 50%, as we rounded the sum up to $8,500.00.
When work was completed (with the exception, of course, of the patio stone work between the house and garage, which his crew was unable to perform), the remainder of the funds due under the contracts were paid without argument from us. Mr. Gorman sent his new employee, Chris, to collect final payment, but Chris did not know how much was owed. Lisa asked him to get an official, final figure to ensure that we were all in agreement regarding the amount of the final payment. After making a phone call to Mr. Gorman, Chris stated that the outstanding amount owed was $8,286.00. Lisa then provided to Chris two checks from two different bank accounts—one for $4,500.00, the other for $3,786.00. Thus, the full contract price of $16,786.00 was paid by us in a timely manner, in accordance with the terms of the contract (without any of the nonsensical theatrics that Mr. Gorman expressed in his statement).
Mr. Gorman has not claimed that we did not pay him in full for all amounts stated in the two contracts. He also does not claim that we failed to pay the amount that he himself claimed as owed on the final day of work. He has not asserted that we entered into any other agreements regarding additional work. He has not asserted that we ever agreed to pay additional sums for additional work. Instead, for the first time in response to our complaint to this agency, he asserts that he is owed more money.
Mr. Gorman’s claim that monies are still owed is obviously a smoke screen intended to divert attention from the real issues that we have raised regarding his lack of competence, lack of professionalism, negligence, failure to perform the work as agreed, and destruction of our property. His claims are wholly without truth or merit.
As for the results of Mr. Gorman’s attempts to install the patio stones to allow for proper drainage, we believe that our original complaint more than adequately explains the details of those events. Nothing that Mr. Gorman has said can alter the truth of the report that we previously gave. We will add only that, when Mr. Gorman used the garden hose to run water into the area, he did not test the entire area. In the small area in which he did spray the water, all the water from the hose immediately flowed up against the garage wall. Seeing this, Mr. Gorman turned off the water. The amount of water was entirely controlled by him. The point of the exercise was quite obviously to observe the direction of the flow of the water between the two structures; the quantity of water allowed by Mr. Gorman is irrelevant. Mr. Gorman knows as well as we do that he created a serious problem for us and that he had not addressed the drainage issues as agreed before we hired him. (His embarrassment regarding that fact is precisely why he became so enraged and proceeded to display the ludicrous and threatening behavior that eventually led to his removal from the scene by his own crew.)
Now that the improperly set patio stones have been removed from the area between the house and garage, water does not enter the garage at any point or at any time, regardless of the amount of water present outside the structure.
More importantly, as evidenced by the email provided with our initial complaint, Mr. Gorman also recognized that he did not have the expertise to install the patio stones at our house, particularly given the drainage issues. He also did not admit that lack of expertise to us. Instead, he attempted to find a qualified crew to do the work. When he failed in that endeavor, instead of then cancelling that part of the work, which was governed under a separate contract, he went forward with both jobs, having his asphalt crew lay the stones as well. The result was unacceptable and may have been disastrous had we not discovered the problem and had the stones removed to prevent having our garage flooded during the next heavy rain.
Mr. Gorman should have been honest enough during our initial meeting to admit his lack of expertise in expanding the front porch as well as in laying patio stones on grade where proper drainage is crucial. He should have advised us that he did not have a crew experienced in that sort of work and that we should hire someone else. He acted improperly when he entered into a contract with us for work he did not have the knowledge or skills to perform.
In regard to the performance of that work, we ended up getting exactly what we paid for—nothing. Mr. Gorman’s crew did not know how to level the stones and did not want to level enough stones to resolve the entire problem. Mr. Gorman himself—not Lisa, although she agreed fully with his assessment—had his crew redo the work after observing that the areas were still noticeably sunken after their first attempt. His crew tried twice to level the stones, but they were not successful. It is to Mr. Gorman’s advantage that he agreed to do that work free of charge, or else we would be asserting another complaint about work that he said he could do but could not actually perform. In this particular case, we suffered no harm from his incompetence.
The only time that the height of any step was discussed was when Mr. Gorman’s crew pointed out that, if they lowered the area between the house and the garage to grade for proper drainage, the step they had already installed on the side of the porch would then be too high. In response, Lisa advised Mr. Gorman’s crew not to concern themselves with the height of the step, because the drainage was more important.
Mr. Gorman claims that we only tipped two of his employees. That is incorrect. Only two of the three employees that worked on our driveway were in the truck when Lisa approached; she gave each of them $20.00 and asked Oscar, who was in charge of the driveway paving, to please give the other $20.00 to the third employee, who was not present at the time. Oscar agreed to pass on the money to the third employee. Again, Mr. Gorman was not at the worksite, as he had long since abandoned the job, and could not know the truth about anything that transpired between us and his crew after Saturday afternoon.
Our giving tips to Mr. Gorman’s employees, despite being generally displeased with the way the work had progressed, is an excellent example of our consistent, general demeanor toward Mr. Gorman and his employees throughout this process. Mr. Gorman’s claims to the contrary are fabrications and reflect his own view of, and way of dealing with, the world, not ours. Mr. Gorman’s employees appeared to be no stranger to his behavior, as they removed him from the site as soon as he appeared to pose a physical threat toward us. We had the distinct impression that this was not unusual behavior for Mr. Gorman, and his crew was well versed in how to handle him in that state.
In summary, Mr. Gorman’s response to our complaint is replete with falsehoods, insults, fraud, and attempted extortion. He has made no attempt to resolve any aspect of this dispute. His record with the Better Business Bureau should be downgraded to reflect this fact.
Please let us know if you require further information regarding this complaint.
Attachments: