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Need guidance with bad concrete pour

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ViperJon

Well-known member
Joined
Jul 20, 2010
Messages
111
Viper:
I hope this does not happen to you. However, you should be prepared for a walk through your local small claims court.

He (the contractor) will have ample proof of substantial work completed.
Even if it does not go beyond mediation, you will owe him at least HALF.

Again hopefully this will not happen to you.
Keep half the dough, just in case.

Oh I hope so.
I have many many photos, expert written opinions from a concrete engineer and will have documented estimates to repair the floor up to the standards of the contract agreement.

He will owe me money..:)
 
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LegacyIndustrial

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Joined
Jun 7, 2010
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7,995
Location
deerfield, IL
Oh I hope so.
I have many many photos, expert written opinions from a concrete engineer and will have documented estimates to repair the floor up to the standards of the contract agreement.

He will owe me money..:)

Happend to me..

Hired a guy to pressure wash my house. Left it a mess, stains all over the siding, disturbed all my mulch, you name it and he did it.

He took me to court for non-payment. I had pictures, his quote, you name it. Guess who had to pay him half for substantial work completed!!

The courts favor the contractor because of too many non-paying homeowners.

no joke.
 

Kevin54

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Jan 12, 2005
Messages
29,341
Location
Urbana, Ohio
Well today is the two week anniversary of the floor pour.
The mason contractor has not contacted us since the day after the pour, he has obviously decided to walk away from it. I'm okay with that I have his 3K to play with as well as what was budgeted to finish it originally. Basically I got a free floor, albeit defective.

We have had two separate mason contractors in as well as a concrete engineer. The slab itself is sound and well built, it is just the top which will have to be removed and finished. Already had some guys take a look at it and got some prices on grind and polished. Very expensive. $6.00-9.00 sq foot x 700 sq feet. Ouch. I wouldn't spend that much if the floor was perfect just too much for a garage.

I was originally going to go either polished concrete or race deck. After using it for a week while working on my cars I have found the concrete very cold and uncomfortable. In my old garage I had some cheap home depot carpeting under the cars ugly but effective as a barrier. This makes me lean towards race deck if for no other reason than the "warmer" floor and more comfortable condition when on the knees.

Maybe and maybe not. If he does not receive a payment, for a couple of dollars, he can throw a mechanics lien on you. Depending on down the road if you would decide to sell, it can come back to bite you in the caboose. My son had to do it to a person that he sided their house, fired him, then refused to pay. It went to court and she had to pay for work done before my son was fired from the job. The reason he was fired because she wanted it done sooner than agreed upon, so she found someone else to finish it. She tried to sell the house a couple of years later and lost out multiple times because my son would not sign off on the lien just for spite.
 
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darkk

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Dec 24, 2009
Messages
3,361
Location
Willimantic, Ct.
If he does not receive a payment, for a couple of dollars, he can throw a mechanics lien on you.
Check your local laws and town hall on mechanics liens. In my area (Eastern Ct.) The contractor has 90 days from the last date worked to send you a registered letter and file a mechanics lien which costs him $50. Then every year to the day, he has to go back to the town hall and re-lien and pay another $50 lien fee to keep a lien on the property. There is no grace period if he forgets.
 
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ViperJon

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Jul 20, 2010
Messages
111
Update 3/1/2011.

Thought I would update this thread I started weeks back.
So the concrete had been in now about 8-9 weeks give or take. We had the slab tested by a structural concrete engineering company and it was found to be very solid over 4000 PSI. The rear of the garage is 8" thick. There is still an 1/8" of "crust" on top of the slab that is basically separated from the slab itself in some places, not all. I would say maybe 25% of the 750 sq foot floor. I have driven cars on it and it has not cracked or give way although no doubt it will over time. Have not done anything to the floor yet.

Four days after the original pour was done and it was obvious it had gone bad the concrete contractor who did the pour had the transit mix company who provided the concrete come down and take a look. A representative of the transit company came and walked around the floor. I was there with him and we walked around the floor, noting all the hollow spots and the mottled color. (it was supposed to have been very white, we had coloring added to the mix). The representative said basically nothing. He agreed the floor was badly done but didn't point fingers or blame.

Although I have no way to know for sure I think the contractor was blaming the supplier, and the supplier the installer.

So what happened? The transit company representative told me that he would come back tomorrow with the contractor and we would hash out our options. That was the last I ever saw of either of them. To this day I have had no contact with either party. They never showed up and never came by.

After having the slab tested and found to be solid, there was no way I was going to pursue ripping it out. My biggest concern was it was structurally flawed and then we would have had to pursue it legally to have it repaired/ripped out. The contractor obviously decided that for the 3K I owed him for the floor, he could not fix it (by grinding, polishing or some other means) for less than that so he just walked away. So I have ended up with a superficially flawed floor, but an extra 3K in my budget. Right now I'm not doing anything but in the spring-summer I may have it grinded and polished, or grinded and epoxied. Or debating Racedeck. Prices to grind and polish are quite high and there are not too many guys here that do it.

BTW, the contractor never put a lien or any other action against the property as had been discussed. He actaully was a pretty good guy and we got along well. I think he was MORTIFIED at the result of his work and embarrassed as hell. He figured the trade off for the lousy job was it was free. He left some forms, thermal blankets and other stuff here as well.

I could have been really hard about it and demanded it be ripped out and replaced. But time has lessened the initial anger and knowing that it is structurally sound has relieved the stress. I was going to have it polished anyway so nothing really changed in that regard, I just have his money to put towards the eventual finished product.
 
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