I have an "internet friend" on a football forum I Admin on and he had some questions related to bad batches of concrete. I'll post of copy of his comments here.

They poured our driveway in Dec 2013 when we closed on our house.

Of course then the driveway was **** because they poured it in the winter and it was driven on because it had not cured. Both of which I warned them about and they ignored me.

Now I am finding out several driveweays in the neighborhood are being replaced because the sub the builder used had a bad batch of concrete. It started with one person investigating/having family that knows about concrete and it has spread.

Supposedly you can legally request they provide the batch #? Then based on that, you can look up if the concrete should have been used? Anyone have experience in this area? I am way out of my league.

The best I can do is ask for the batch # and threaten legal action. Would be good to have a few key pieces of knowledge to drop.

Edit: Corrected date of pour

 

That is a tough one to prove. A pour date where the low temps are in the 30's warrants covering with blankets or other suitable material around here by the second night. The heat generated by hydration (the chemical reaction that evacuates the water content) usually keeps the surface safe the first night, but we cover anyway to ensure a steady cure.

I would first secure the weather report specific to your area and then dig a little further. If the temps were low, and conditions breezy it could weaken the surface, causing it to flake/spall/delaminate due to stalling hydration and causing moisture to crystallize/freeze. Also secure the ticket from the supplier to ensure that air was added, a must for outside pours.

There are a number of things that can cause failure. Since he just states its a crummy job I tend to think the subgrade, placement technique and finishing procedure may play a large role in the failure if it is cracked up and coming apart.

Consecutive poorly batched loads are relatively rare, 90% of the time or better it's the placement crew's inexperience, pouring too wet and overfinishing the surface...

I hope this helps.

Kurt

 

Thanks.

And to the Mods/Admins, sorry about the curse word. I didn't even notice it when I copied and pasted it.

 

agree with 6snail.

legally, a business law claim would require :

business record from concrete plant. date time driver in and out time, mix ordered and strength setting. 3500 lbs is standard for a driveway.
notice if any core samples were done, little code in one of the statement corners. since you speak of a larger job by same contractor.

any work order/contract from general contractor. they have copies of their order out to a sub and will provide upon written request.

make sure no salt or other sealer, chemical, ect. was applied by you or any usage on that surface involving same.

he has to have contact of problem, certified mail with return receipt.
he has to have an opportunity to fix it, with a 10 percent limit of the original bill on any costs to you.
if no reply in 30 days, reissue the certified letter, 2nd notice. take no phone calls, must be in writing or recorded with his knowledge.
after 90 days from first notice, you can now file a claim in state supreme court or if below 3500 bucks, a small claim in local court.

sad that this happened on what should be a great start. hope all goes as you desire. good luck.

 

That's good legal advice from Justwannabeme. And, should hold water in a litigation.

I still would put money on poor finishing, starting with slump (cement/water ratio) and subgrade material/condition and actual concrete thickness. We go 5" min over 2-3" compacted 5/8" minus w/fines, compacted out here.

A good reference is the ACI guidelines. A google search will net you loads of info and technical mumbo jumbo.

 

PS: in WA the contractor needs to advise his right to have the option to remove and replace, i.e. repair, his work in the original contract or that option is null and void. Not sure what your friend's state laws say.....

You can also find some ammo in the NRMCA guidelines IIRC.

 

SBK: Thanks again for the comments/suggestions.

He added some more info.

I did everything possible to stop them pouring. They said they weren't going to then I show up and it was done. Of course the project manager disappeared.

We didn't drive on it for two weeks. Which is why I told them it wasn't our fault. Now finding out they used bad concrete, it makes more sense.

How long are you not supposed to park in your driveway in the dead of winter in Pittsburgh when plow trucks will destroy your car?

 

Thanks guys, this is all great stuff.

Yeah, it was very cold, definitely below 40. I can probably go back and look up the temp.

I don't recall them putting any sort of blankets or cover on it. They just put a strip across so no one drove on it.

The woman down the street has had to have hers done 3 times. They just did 2 other neighbors.

I have been complaining about this for a year now. It is scaling/spalling and piting, showing the aggregate. I had dropped it but now seeing they are re-doing all the other neighbors has me re-energized. haha.

I have been pretty good with them about the repairs needed, and told the guy that, and told him I expect them to be fair with me on this. If not though, I'll file a lien on them.

Will keep you posted as this develops.

 

I just realized he posted it was poured Dec 2014 which is 6 months ago. I asked him if he meant 2013, waiting for response.

 

He confirmed 2013, I'll edit the initial post.

 

Sounds like freeze/thaw and poor placement methods.

I hate to make a judgement w/o seeing pics, but this sounds like a classic case of the above.

Spring/Summer (temps considered) we suggest no vehicular traffic for 7 days min.

Fall/Winter 2-3 weeks