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Concrete: Don't Pay for Bad Work

Vintage Veloce

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I just bumped into yet another thread started by someone who has a concrete job that was done badly.

I'm no expert, but I've had a couple garage foundations done and a few driveways. It's a big problem for a person new to the process, they just do not understand how unforgiving concrete installations are.

Most of a building's other work, like framing or electrical is easily changed if a mistake is made. But once that concrete is poured and hard... it's a real problem to fix.

The math for the typical home contractor often makes it financially impossible for them to actually fix significant concrete problems, and they will walk away before making the situation right. For example, you may pay $5000 to your contractor for a concrete job, and then he pays for the digging and surface prep, the forming, the concrete, the concrete finishers. At the end maybe he makes $1000... and if it goes wrong what is he supposed to do? The buyer will want him to tear it out and do it again, but tearing it out will cost him $4000, all his profit plus what he has to pay his subcontractors and material costs, and so he would lose that $4k PLUS all the time he would be billing for the next job. If he walks away he is way better off financially.

So what does a buyer have to do to get be assured of good concrete work? It's a hard problem. Here is my advice for anyone about to build a garage:

1) Search this forum and read about a couple concrete disasters. Understand how it can all go wrong.

2) Make sure your contractor understands exactly what you expect. Slope, flatness, finish, thickness, drainage, etc. There's lots more. Show the contractor your 8-ft level. Really. More on that level later...

3) Make a contract with your contractor that assures that you pay no more than $1000 or 10% (whichever is lower!) until the job is complete to your satisfaction. This is actually the law in California. And make sure the contract states that you do not pay the remainder until the work is complete to your satisfaction and passes any required municipal building inspection. Note that in addition to this, many contracts allow the purchaser to withhold a significant percentage (5-15%) of all the funds until the entire project is complete to the purchasers satisfaction. Also, be sure there are no lien issues: read up on contractor lien releases.

4) Inspect the forms well before the concrete pour with your contractor. You need to do this with enough time left for any changes or fixes to be made before the pour. Don't do it the evening before the pour, you need more time than that. Have him show you the slope, squareness, location relative to property boundaries, etc. If you don't understand it have him explain it. Use your level to check things.

5) Be present at the concrete pour and finishing. Take the day off work and be there. Watch, and speak up loudly about anything you don't understand or looks wrong. On one job I saw a fat concrete finisher kneeling on his skis on the drying concrete as he checked his phone. He was there for quite a while, as they were waiting for the concrete to firm up a bit before the next finishing pass. Guess where there is a low spot in the floor.

6) Days later, after the saw cuts are done and the forms are removed, inspect the job before paying. I recommend buying an 8 foot level. (Have your own so your contractor can't say he "forgot" it.) Place that level all over the floor and check the flatness and slope matches your expectations. Look at everything. If the foundation is going to be inspected by a municipal building inspector, that must happen before paying too.

7) Your concrete is unlikely to be perfect. You need to be reasonable and pay for OK work. But if there is a substantial problem, DON'T PAY until the contractor fixes it.

Frankly, not paying is really hard. I have stood there with a concrete finisher demanding payment and had to tell him I was unhappy. I reminded him our discussions when he quoted the job and I pointed to the problem and how the result was clearly not what we discussed. It was salvageable, but not at all what we had agreed. Frankly, this finisher was just an average guy, and his team were clearly not wealthy people. Eventually, I managed to get him to admit the result was not what we had discussed. I paid him half and fixed the remaining issues myself.

Over and over we see posts on this forum of concrete work gone bad, and then we find out the owner has already payed for the work and has no leverage to get the problem fixed without going to court. And we all know going to court is a lousy solution. No matter how much you "like" your contractor, it is just a dangerous situation to pay for concrete before it is completed and inspected.
I know in many areas of the country contractors are accustomed to being paid a significant portion of the job "up front". And they have ways to justify up front payments. But in my opinion, especially with concrete, this is way too risky. Don't do it.
 
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mcbane

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There is no law in California disallowing payment of more than $1000 before the job is complete. The closest you will find is a law for home improvement contracts prohibiting a deposit of over $1000 to be collected prior to the start of work.

For really small, simple projects I’m sure you can find a contractor who won’t charge till the job is done. But it is hard to find a contractor who won’t charge progress payments along the way for an involved project.


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Vintage Veloce

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There is no law in California disallowing payment of more than $1000 before the job is complete. The closest you will find is a law for home improvement contracts prohibiting a deposit of over $1000 to be collected prior to the start of work.

Just to be clear the California law is available here:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=7159

And says:
“THE DOWNPAYMENT MAY NOT EXCEED $1,000 OR 10 PERCENT OF THE CONTRACT PRICE, WHICHEVER IS LESS.”

It also says:
"IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED. HOWEVER, A CONTRACTOR MAY REQUIRE A DOWNPAYMENT.”

The all caps are in the quoted law, that's not from me.

But this dickering about the detail of the law isn't what is important in my original post. It's about understanding the risk and danger of paying for work that has "gone badly".

edit: my point is that the buyer shouldn't pay for the concrete work (beyond a modest deposit) until it is completed to the buyers reasonable satisfaction. Once that is done, go ahead and make the progress payment and continue with the project, making sure your payments never get ahead of the completed work. (And you should check that other work is done to your satisfaction as well, but most of that stuff is more easily fixable than concrete.) If you have payed for bad work, and then find your foundation has been formed to the wrong dimensions, or that is way out of flatness, you will likely be screwed. Those are two recent examples from threads on this forum.
 
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Glemon

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I wish I had read this before doing my garage work. The contractor was my friend from way back, grade school through adult. He was doing a number of jobs related to my attached garage build, I was doing others. I didn't worry about the concrete work that much because his specialty was concrete work. Apparently it wasn't pouring garage floors and driveways. The machined garage floor looks great, but slopes towards the house some places and puddles in others. The driveway has waves and minor ridges, when we park cars in the winter it is a bit of a mess.

The driveway is very steep in the approach right where it hits the curb. I drive lower sedans and Sportscars, he knows that, but when the sister in laws small SUV did the big bumper scrape when it came in the driveway I knew it was bad.

He knew I was unhappy, and I was and still am. But he charged what has to be less than his cost, not including labor, and said he would re-pour at cost if I wanted some or all fixed. I let it go due to the good deal and a lifelong friendship.

Partly just venting, but mostly validating the original post, wish I had discussed and double checked work more, and done my own homework on requirements, not just assumed it would be right.

Will note I am very happy with my garage, shop and overall results, but could have been better with more discussion and oversight.
 
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driftpin

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Recently (last several years) poured (had-poured) a driveway replacing a single-lane asphalt driveway and also I poured a pad coming-off the driveway for a 10' X 20' pre-manufactured building. I had to stop the scheduled pour because they needed more depth, steel, and visqueen. When I got home from work and saw what was not-done, I contacted the office and the contractor called me, and fixed it all. No cracks, and it's holding up great. I did fire the sub doing the building's anchors to the slab. He was recommended by the seller of the buildings, but he was awful. I was there for the crane lifting the building and placing it, with a caulk bond under the sill plate but when the "installer" couldn't even get a single anchor pin drilled properly, I fired him. He wasn't getting a lot of $ for the work, I paid him off to make him leave, and I did it myself in several hours. I was concerned that the fires sub might come-by and vandalize the property, leaving me with a damaged structure. So, it was 'F__-off $' Probably the easiest $ he ever-made. I called the building dealer and told him his recommendation for the 'installer' was 'not-good.' He got hot under the collar, and I hung-up on him. Fortunately he had nothing to-do with the building besides selling it, and my financial obligations were done.
 

vavet

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Never had any idea concrete work was so temperamental. I know the floor in the garage at my previous house was not at all even, sloped toward the door in some areas, puddles in some areas, sloped toward the back wall in others....but it was at least 20 years old when I found that. It wasn’t until I pressure washed the floor that I noticed it.

The concrete contractor for my current detached garage was great! I’ve had no issues with that floor.
 

SaltH2OHokie

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If you really want to get into the weeds, but also cover yourself on flat/level, specify FF and FL numbers in your contract. Will inherently pay more as only commercial guys are likely to know what that means, and are much more likely to be able to do it (or tell you they can't).

Good solid subgrade, clearances on reinforcing steel and if capable, use a builders level/auto-level and check all your forms for proper elevation before placement.

And the advice of speaking up, loudly, as it's happening is right on. If nothing else, it puts you on record as not loving something you're seeing. Might make conversation around remediation a little easier.
 

mcbane

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...
3) Make a contract with your contractor that assures that you pay no more than $1000 or 10% (whichever is lower!) until the job is complete to your satisfaction. This is actually the law in California...


No dickering intended. I just pointed out that, even in California, this is not the law. Contractors will insist on progress payments, before the job is competed, for significant jobs.

My recent build involved excavation along with fabrication, delivery and placement of over $20k in rebar cages before formwork started. No contractor is required by law to do that without receiving more than a $1k deposit. If you find one who will, you are paying a large premium to have the contractor front the money.



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Markromeo

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5) Be present at the concrete pour and finishing. Take the day off work and be there. Watch, and speak up loudly about anything you don't understand or looks wrong. On one job I saw a fat concrete finisher kneeling on his skis on the drying concrete as he checked his phone. He was there for quite a while, as they were waiting for the concrete to firm up a bit before the next finishing pass. Guess where there is a low spot in the floor.

This was my "fatal" mistake. Everything at the end of the day turned out "ok" just ok, I don't rave about the work my contractor did, nor would I necessarily recommend him. Just staying home from work that day would have solved my simple issues though, I kick myself for it every time I look closely at my floor or have to kneel down to pick something up. He just simply finished it before giving it time to firm up enough, and it has some wavyness to it, its flat, level, and slopes are proper, its just not as smooth as I would have liked. He was just in a hurry to get out of there at "quitting" time.
 

Schoeny

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No dickering intended. I just pointed out that, even in California, this is not the law. Contractors will insist on progress payments, before the job is competed, for significant jobs.

My recent build involved excavation along with fabrication, delivery and placement of over $20k in rebar cages before formwork started. No contractor is required by law to do that without receiving more than a $1k deposit. If you find one who will, you are paying a large premium to have the contractor front the money.



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Wouldn't that rebar fall under the "materials not yet delivered" clause? They are there and on site, he can ask for that cost.
 
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Vintage Veloce

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No dickering intended. I just pointed out that, even in California, this is not the law. Contractors will insist on progress payments, before the job is competed, for significant jobs.

My recent build involved excavation along with fabrication, delivery and placement of over $20k in rebar cages before formwork started. No contractor is required by law to do that without receiving more than a $1k deposit. If you find one who will, you are paying a large premium to have the contractor front the money.
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I posted the actual law earlier in the thread for reference.

Contractors may write a contract that required progress payments for completed work and delivered materials. "IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED." By California law, the contractor fronts the money for these things. Or they have accounts at their suppliers that allow for delayed payments.

But again, the detail of the law isn't as important as your contract and what you have set as a payment schedule. I think bundling all the foundation work for a typical garage into one payment is a reasonable. Some contractors may disagree... and you don't have to hire those guys.

For typical garage size jobs, surface prep, forming and rebar typically take place in the days right before the pour. I've managed to have contracts that package those items in with the pour and finishing before the next progress payment. Actually, the contractors wrote the contracts that way, I didn't even have to ask!

It is imaginable that some sites require a lot of earthwork before starting the surface prep and forming. So if your point is that if the contractor has to do weeks of work before the actual pour that they might want a progress payment for that completed work, you are likely correct. But I still think that for the typical garage the final surface prep, forming, rebar, pour and finishing usually takes about 5 days, certainly less than two weeks. I've had no trouble arranging a payment schedule that bundles that all together with the contractors that I have worked with.
 
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Vintage Veloce

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On Retainage and Lein releases.
Retainage is critical to be sure all the work is completed to your satisfaction and lein releases are critical to protect your home ownership.

Here is the actual verbiage from the contract I had when we built our garage. I cannot vouch for it legally, but this was in the contract as provided by my contractor, and I liked it.

1. Retainage. Owner shall withhold fifteen percent (15%) as retainage from each progress payment (the "Retainage"). Retainage shall be released to Contractor at the time of the Final Payment. The Retainage is a fund for the protection of the Owner (i) from incomplete or defective work by the contractor, (ii) for the payment of persons who supplied materials or who worked on the Project and where not paid by Contractor; and (iii) damages incurred due to other breaches of Contract.

2. Lein Release. Owner shall not be required to make any payment to Contractor unless and until Contractor provides Owner with and unconditional waiver and lein release form signed by Contractor and by each subcontractor and supplier who is claiming One Thousand Five Hundred Dollars ($1,500.00) or more in payment, verifying payment in full, less any retainage, from Owner's prior month's payment to Contractor.

I have to say, my building was expensive, and as the project went on, I started to feel concerned about how large the retainage was becoming. I mentioned it to the contractor, and he said no problem, don't worry. I guess he was just confident in me and the quality of his work.
 

dcg9381

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Never had any idea concrete work was so temperamental.

I don't know that getting it flat and level is temperamental but in terms of surface finish, it can be, especially when temp conditions vary quite a bit.
 
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BillK

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Are performance bonds not viable for small projects? 3 to 5%?

I know this is an old thread but . . I was thinking the same thing. When I put a driveway in at my first house many many years ago, the county made me get a bond for the apron part of the job that was up against the street. I don't think it was very much at all and we got it back once the job was inspected.

I suppose you could write in a bond requirement as part of the contract. Makes sense considering how many concrete jobs seem to end up poorly.
 

Old tool guy

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I know this is an old thread but . . I was thinking the same thing. When I put a driveway in at my first house many many years ago, the county made me get a bond for the apron part of the job that was up against the street. I don't think it was very much at all and we got it back once the job was inspected.

I suppose you could write in a bond requirement as part of the contract. Makes sense considering how many concrete jobs seem to end up poorly.
Bill … i have had to post bonds with the county for work that touches, or is in, their ROW. That bond was paid for by the property owner, and we got it back a year later with interest.

But a bond for concrete work, to ensure it was done properly … wouldn’t that have to be paid for by the concrete contractor or gc, naming the customer as beneficiary? And how many concrete subs could qualify for a performance bond?
 

BillK

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But a bond for concrete work, to ensure it was done properly … wouldn’t that have to be paid for by the concrete contractor or gc, naming the customer as beneficiary? And how many concrete subs could qualify for a performance bond?
I don't know. That's why I mentioned it. And I don't know who would determine if the concrete guys could qualify.

I dont know if the property owner could purchase something like that anyway. I know that if I ever did a large project again I would figure out a way to get it in the contract even if it added to the overall price.
 

dcg9381

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Are performance bonds not viable for small projects? 3 to 5%?
Viable, sure, but no concrete contractor is going to sign up for one when they have tons of other work. The bonds are for the contractor (basically insurance). I haven't seen them in residential construction around here. Maybe in commercial?

The way we've handled critical concrete around here is to have it engineered, then pre-pour inspected by an engineer, then final inspection. Has to pass before final checks get cut. But as others have mentioned many "small/medium" concrete contractors are not fiscally capable of correcting work that goes really sideways.

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Zeke

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No dickering intended. I just pointed out that, even in California, this is not the law. Contractors will insist on progress payments, before the job is competed, for significant jobs.

My recent build involved excavation along with fabrication, delivery and placement of over $20k in rebar cages before formwork started. No contractor is required by law to do that without receiving more than a $1k deposit. If you find one who will, you are paying a large premium to have the contractor front the money.



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If you read the law, stage payments can be written into the contract but the total amount paid at any given time must not exceed 95% of the amount of work performed. A contractor can collect for materials delivered when presenting a lien release for said materials.

Now you may be a contractor and taken the business and law portion of the test. I am and did, but it was in the 80's so if there are any changes please cite them by section and sub section from the CA Bossiness and Professions Code.

Regarding your delivery, a contractor can collect the money for the rebar even the day the contract is signed, but the rebar better be there. I'm my business of installing custom made products that are not returnable I was allowed to collect 50% of the contract when the order was approved. That usually was not on the same day as the initial contract was signed because I needed time to make the drawings. So once done and approved, I drew the money.
 

Old tool guy

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I don't know. That's why I mentioned it. And I don't know who would determine if the concrete guys could qualify.
Like dcg said, a bond is insurance. The bondee (?) buys a bond from a bonding company, but they have to provide proof of fiscal and technical competence before a bonding company will take them on.
 

billconner

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On commercial work I have seen it as an additional service - an option - in some bids. Government work seems to usually require performance bonds.

I can see smaller contractors not wanting to bother with the work of obtaining a performance no matter how much an owner is willing to pay.
 

ConCretin

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Bonds are unlike insurance in that the bonding company doesn't just write a check for damages within specific policy limits. They literally step into the contractor's shoes in the event of a default. The bonding company completes the work in compliance with the contract documents and pays the subs and suppliers. Bond premiums are only a few percent of the contract amount while their exposure is potentially the entire contract amount.

Because of this bonding companies carefully vet their potential customers to make sure they have the technical and financial means to compete the job. For the contractor, this means a lot of time and expense including financial review from a third party. Most residential contractors aren't willing or able to provide a bond.

Some states apparently incorporate some form of bonding into their contactor licensing regulations but I don't claim to understand how this works. A bond provides tremendous security for an owner but In general, requesting one will severely limit your options when looking for a contractor. Unfortunately, there's just no substitute for finding the right guy and paying the going rate.
 
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TomC750

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I did not see anyone mention the substrate. If the garage is filled 8' deep with whatever material the contractor has available, like native soil, then it better be tamped in lifts to insure the integrity of the substrate. I am assuming here the garage space was excavated in conjunction with the basement. And do not mix substrates by putting in leftover stone on one side and dirt on the other. Next, the rebar should be on chairs. I have demolished enough concrete to have seen the rebar all over the place. Do not let them pour it too soupy, a lot of strength is lost that way. Keep it wet for 5 days or so, ideally cover with a wet tarp.

When my garage floor was poured, none of the above was done correctly. The contractor said he always had good luck just wetting the fill. When the house was completed I gave feedback on all the subs, mentioning the fact that the garage floor had cracks. The contractor's wife wrote back that "concrete always cracks." In bold letters yet! Well, the truth is, concrete tends to crack if not done right. The last concrete I poured with friends was over 2200 sq' with not as much as a hairline crack. The rear of the building has a lot of fill, I tamped the life out of it. The comment that concrete always cracks I have heard many times, but it does not have to be so.
 

jonesg

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No dickering intended. I just pointed out that, even in California, this is not the law. Contractors will insist on progress payments, before the job is competed, for significant jobs.

My recent build involved excavation along with fabrication, delivery and placement of over $20k in rebar cages before formwork started. No contractor is required by law to do that without receiving more than a $1k deposit. If you find one who will, you are paying a large premium to have the contractor front the money.



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Its the law in MA.
Max deposit on permit work shall be no more than 25% of the total.
I did subcontract work for a mason, the owner gave me a check for the full amount, so we deposited it, the permit clerk at Brookline town hall said we aren't allowed to do that.
 

paredown

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Never had to tell a concrete guy to walk, but did tell a flooring contractor and crew to pack up his tools and go home half-day in. Got lots of bluster, but I held my ground (which is unusual for me) because I knew it would drive me crazy to see the sloppy work every day...

It's hard to do, but sometimes necessary.
 

Old tool guy

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Its the law in MA.
Max deposit on permit work shall be no more than 25% of the total.
Might be the law, but with subs in short supply, many will require large deposits up front … or go find someone else.
 
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