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Concrete driveway flaw recommendations

  • Last Updated:
  • May 11th, 2018 3:24 pm
[OP]
Newbie
Oct 14, 2017
97 posts
15 upvotes

Concrete driveway flaw recommendations

Hi all. I’m having an issue with my concrete driveway and was looking at your opinions as to the remedy.

The driveway has flaked all over which I believe is called spalling. It’s one year old.

The backend story goes like this;

1. Took possession of a one year old build April 6th. Did not see the driveway flaw when the home was bought and visited due to snow coverage.
2. The seller built the home and subcontracted the home build out I was told. His family is the builder. That I know.
3. Neighbour told me the driveway was poured on a cloudy day followed by rain. This was later verified by the concrete subcontractor. I believe that was the issue right there.

I’ve contacted the company who poured the concrete and was told the owner of the house insisted on the pour although the contractor advised not to. He did it to the owners demand. The owner apparently knew it and left it. This was verified by the neighbour who is a contractor as well.

The concrete company said it’s not their responsibility as the owner demanded the pour. I’ve contacted the realtor and they’re going to contact the seller with a remedy.

I’m pretty sure I’m pooched, but wanted to know what you would do?
11 replies
Deal Addict
Dec 9, 2003
4596 posts
564 upvotes
Calgary
Caveat emptor
I apologize for offending sensitivities of alt right, alt left, or anyone in the middle, for humor or perspectives, for my maturity and occasional errors. I apologize for misunderstandings on gender, religion, politics, race or deals.
Deal Addict
Dec 14, 2011
1327 posts
433 upvotes
London
It sounds like you are taking all the correct steps and hopefully it gets resolved in a positive manner for you.

Not all may be lost, but you'll have to wait for a resolution (probably will take a long time) or just pay up and get on with your life.

https://www.concretenetwork.com/fix-spa ... veway.html
[OP]
Newbie
Oct 14, 2017
97 posts
15 upvotes
Yes. Thank you. It just sucks that the pourer new this going to happen and didn’t immediately rectify the situation. Trying to stay positive....
Deal Addict
Dec 9, 2003
4596 posts
564 upvotes
Calgary
I was serious with my short post above. By all means have your realtor try and get some satisfaction, but be prepared to let it go. AFAIK there aren't many cases won whereby "I tried to do the inspection but nature prevented me" You have to somehow position it was a material defect that "a normal inspection" wouldn't find. If I was the seller i would argue it isnt material and was easy to inspect....

An overlay repair is expensive, looks great initially but probably wont wear well in frosty cycles. Any warranty you might get will likely be conditional on your having it "checked out and resealed" every few years and that's just more cost.

Live with it or dig up and repave.

Sorry.
I apologize for offending sensitivities of alt right, alt left, or anyone in the middle, for humor or perspectives, for my maturity and occasional errors. I apologize for misunderstandings on gender, religion, politics, race or deals.
Deal Addict
Jan 15, 2017
2334 posts
1651 upvotes
Where is this home located? If in ON, does it have a Tarion warranty? Just wondering whether it is an illegal build.
[OP]
Newbie
Oct 14, 2017
97 posts
15 upvotes
skeet50 wrote:
May 10th, 2018 7:23 pm
Where is this home located? If in ON, does it have a Tarion warranty? Just wondering whether it is an illegal build.
Ontario.....no Tarion. The builder is family with the previous owner. The ‘owner’ not builder subcontracted the driveway out. They just pulled a fast one on me....it is what it is until I get a final answer. If it goes the way I think it is I think I should let the online community know the concrete pourer and poor judgment they made on pouring day.
Deal Addict
User avatar
Jul 23, 2004
1974 posts
450 upvotes
Montreal
Floger78 wrote:
May 10th, 2018 8:59 pm
Ontario.....no Tarion. The builder is family with the previous owner. The ‘owner’ not builder subcontracted the driveway out. They just pulled a fast one on me....it is what it is until I get a final answer. If it goes the way I think it is I think I should let the online community know the concrete pourer and poor judgment they made on pouring day.
From your posts above the concrete pourer has nothing to do with the situation.
If they told the owner that they did not recommend the installation on that day and the owner still decided to proceed, it's not their fault.
[OP]
Newbie
Oct 14, 2017
97 posts
15 upvotes
AMD wrote:
May 11th, 2018 12:46 pm
From your posts above the concrete pourer has nothing to do with the situation.
If they told the owner that they did not recommend the installation on that day and the owner still decided to proceed, it's not their fault.
Although I somewhat agree, wouldn’t you think a quality pourer would decline the work that day knowing that there would be issues?
Deal Addict
User avatar
Jul 23, 2004
1974 posts
450 upvotes
Montreal
Floger78 wrote:
May 11th, 2018 1:04 pm
Although I somewhat agree, wouldn’t you think a quality pourer would decline the work that day knowing that there would be issues?
No. The customer is always right.
The pourer calls the customer. Tells him it's not a good day to pour, there might be issues down the road.
Customer tells him I don't care, I want this done.
Sr. Member
Aug 18, 2014
578 posts
361 upvotes
Markham, ON
Floger78 wrote:
May 11th, 2018 1:04 pm
Although I somewhat agree, wouldn’t you think a quality pourer would decline the work that day knowing that there would be issues?
absolutely no fault on the pourer (If he already advised against it and disclaim the potential problem)

the customer paid for a service, he can have it anyway he wanted.
Just like customers going to a restaurant and order 6x more food than they can possibly eat. The waiter can tell him you can't eat it all, but ultimately, it is his money and his (poor) decision to make.

In this case, you are SOL because the builder/seller is obviously being very selfish and shady, and there isn't warranty on a resale home.

If you really want to pursue this, I feel like you can sue them in court tho because if they KNOWINGLY ask the pourer to go ahead with the work despite the obvious warning and suggestion from the pourer, you can claim they are being negligent.
(The concrete guy will need to be willing to go on stand and tell the court "I told them this would happen if you proceed with the work")
Probably not worth your while tho

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