Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Small claims court is very helpful. I have had to use it collect bills from clients in business and the judges are very fair. The worst that can happen is they make you split the bill but even that would be a better help than forgetting it altogether. But with a second opinion like don ^ suggests it would probably go in your favor. You just have to find out what the limit is for small claims court in your area.
I had a new concrete pad poured and ended up with one spot that went poof and pitted out like this, but it was in one random spot and the size of a baseball with smaller pits around it. Fortunately my neighbor was the contractor, a 3rd generation concrete guy who did great work. He said there was a bad spot in the mix in that spot where lime (or something I cannot remember) clumped, and then blew out into a hole 1 month after it was poured.
They came back with a saw and cut out the entire section and refilled it. If I were you, I would be demanding a new drive. That looks horrible, and concrete is not cheap!
Can someone help me by viewing our photos on flickr and tell me what might be going on with our concrete? And possible solutions?
New construction near Orlando FL, concrete poured last Fall so less then a year old, overtime it rains more rocks are exposed and now the rocks are coming out of the concrete and leaving pitting holes, and overtime it rains we get deeper squiggly grooves in the concrete The builder has let the installer take a Swiss hammer test and says nothing is wrong
Appears they didn't "float" it enough. When you put concrete in you need to agitate it either manually or with a vibrator. This drives the air out and "floats" the cement mixture to the top, the aggregate is pushed to the bottom.
Responding to AJ's explanation of spalling. I have a similar problem, driveway spalling within 3 months of buying a new construction home. The builder has not been responsive for more than a year now. I am preparing a small claims case, have 2 estimates for replacement from licensed contractors but need someone independent of these estimates who can provide me with a report on the condition and causes of my driveway similar to the response/explanation you gave to the original poster to make my case in court for replacement. I have been unable to find someone in my area (Salem, OR). Contractors do not want to put their opinions in writing though they will tell you what they think happened and tell me patching is not an option. It took months to even find contractors who actually followed through with providing estimates. It has been a frustrating process and I don't know where else to turn to get an independent opinion that won't be construed as a conflict of interest.
Four year old thread, not bad.
Before you get on a lawsuit kick, you might want to know that YOU are in the position to show in court, that the contractor was negligent in the installation of the driveway. Your say so doesn't count and that the driveway is spalled doesn't count. YOU MUST prove via engineers report the reason for the defect and why it is a builder defect. Should the driveway been poured during a weather change like a cold front moved thru dropping the ambient temps, it's an act of nature. There are all kinds of reasons for concrete to spall but most commonly something interrupted the natural curing process. The chances of you winning a lawsuit on this is probably less than 10%. The attorneys fees are going to be half the probable cost of a new driveway, and you still have only a slim chance at winning the case. And FWIW, most commonly any flatwork (driveways, sidewalks,etc) is not covered by any builder warranty. The house foundation, yes, flatwork-no. Any work by the builder to any flatwork is a gratis.
I'm not on a lawsuit kick and I do not like that you implied that I am. Please do not respond further. It is not helpful. My comment was addressed to a particular poster. And FYI, small claims requires a filing fee of $50.00 to $100.00 and whatever fees you might have to pay for an expert opinion which will be recovered if you are awarded a settlement. You do not need an attorney. I have very good, written documentation between myself and the building contractor that clearly shows that they did not follow through on what they said they would do.
Responding to AJ's explanation of spalling. I have a similar problem, driveway spalling within 3 months of buying a new construction home. The builder has not been responsive for more than a year now. I am preparing a small claims case, have 2 estimates for replacement from licensed contractors but need someone independent of these estimates who can provide me with a report on the condition and causes of my driveway similar to the response/explanation you gave to the original poster to make my case in court for replacement. I have been unable to find someone in my area (Salem, OR). Contractors do not want to put their opinions in writing though they will tell you what they think happened and tell me patching is not an option. It took months to even find contractors who actually followed through with providing estimates. It has been a frustrating process and I don't know where else to turn to get an independent opinion that won't be construed as a conflict of interest.
New construction home...
And you bought it from said builder?
And the warranty covered what? (hint- it's an exhibit in your contract)
...and there's probably one other part in that contract you should re-read- it's called "Binding Arbitration". Good luck with the lawsuit.
New construction home...
And you bought it from said builder?
And the warranty covered what? (hint- it's an exhibit in your contract)
...and there's probably one other part in that contract you should re-read- it's called "Binding Arbitration". Good luck with the lawsuit.
Yes
Yes
I've read it. It's very basic.
No mention of arbitration at all in the contract
If I go to small claims, I will go prepared. The rest is up to a judge. Not counting on luck, but thanks anyway.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
