Originally Posted By: John Bowman
This post was automatically imported from our archived forum.
It seems from your description, that the supplier failed to meet the proper delivery demands required by you or your contractor on your behalf. As such, since the supplier has a duty to you (i.e. furnish concrete within a reasonable time of that was stipulated in your agreement (whether verbal or written)).
So, noting the above it would appear that some persistence with legal action is in order to force the concrete supplier to pay up (partial or full). I imagine that they have seen this a few times (nature of the beast) and treat each case the same way hoping each will go away.
As for the quality of the pour, the durability and therefore the longevity of the sidewalk is in question especially if the finish is in question. Regardless of the soundness of the pour, the owner shouldn't have to settle for less of a product than what was ordered.
As for what to do. You could leave it in place and accept a refund; Place a new and separate thin finish on top (something I've never seen work to date as they usually crack.); or cut it out and replace it. The likelihood of the latter being implemented is rare. I'm even willing to bet that someone will suggest the concrete be tested to ensure its appropriate properties and, that along with the lawyer fees, will be over and above the expense of replacing the darn thing from the start!
I don't know what code applies to you, but you probably have the UBC and possibly any plans to fall back on. The ACI Code has mix design requirements and handling procedures and time limits, usually in relation to the temperature. Portland Cement Company's normally provide manuals upon request. You may also want to check with your local authorities. Our jurisdiction gives concrete trucks 1.5 hours to pour out.
Additionally, you should check your delivery tickets. The concrete company normally records the time the truck left the plant, the time the load arrived on the job, and when delivery was completed. General procedures and limits of liability are sometimes spelled out on the reverse of the delivery ticket.
I am not a lawyer, this information is from my own experience as a General Contractor. In my opinion, the contractor is responsible to the owner for the job according to the contract with him. The concrete company is responsible to the contractor for the product as determined by the purchase agreement. All of this of course is thrown out the window if you were the one that made the agreement/arraignments with the Concrete Company.