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23 years later...do I have a case?

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mkathyf

Member
What is the name of your state (only U.S. law)?
Ohio.
I will try to be brief.
We own two buildings with 42 airplane hangars at a local airport.
23 years ago, when they were built, the cement aprons, in front of the hangars, were poured. (this is not standard driveway cement...it is the same composition and thickness you find on airport runways....it is meant to last)

So... there were 4 aprons poured, each approximately 100 yards by 60.
Over the past several years, the cement of only one of the aprons has begun to break up. We have done patching, but this year it is horrible! It looks like big piles of stones (we're not talking cracking...I am talking disintegrating)

The other three aprons are perfectly fine. I have been told by a few cement contractors, that the apron in question was a bad batch of cement....not enough cement in the mixture.

I contacted the company who poured the cement and they won't give me the time of day. They won't even come out to look at it and at least give an estimate on repairing.

I should mention, there is very little traffic on these aprons and there is NEVER any salt applied (harmful to the aircraft)
However, what IS harmful are the stones. If a stone is in a tire, it can kick up onto the aircraft and ruin it.

Do I have any leg to stand on? Especially since the other three aprons are perfectly fine.....only this one apron.

Also to be mentioned is that we did not hire this company, the previous owner (the person who built the hangars), had the work done.

Any advice will be greatly appreciated. So far, estimates to repair ONLY the decaying spots is between $10,000 - $15,000.
 


justalayman

Senior Member
were there test samples taken of the concrete that was poured there?

Did the concrete meet the specs given to the concrete supplier?

was there any warranty given?

I believe you are out of luck unless there was a warranty. If I'm not mistaken, this is the applicable statute of limitations:

1302.98 Statute of limitations in contracts for sale - UCC 2-725.
(A) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

(B) A cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance, the cause of action accrues when the breach is or should have been discovered.

(C) Where an action commenced within the time limited by division (A) of this section is so terminated as to leave available a remedy by another action for the same breach, such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.

(D) This section does not alter sections 2305.15 and 2305.16 of the Revised Code on tolling of the statute of limitations, nor does it apply to causes of action which have accrued before July 1, 1962.

Effective Date: 07-01-1962
 
Last edited:

mkathyf

Member
Yes. The concrete was poured prior to us purchasing the hangars.
We have been told that it is clearly a bad mixture of concrete.
All four aprons were poured at the same time.
Only this one apron is deteriorating. The other three are in perfect condition, with the exception of the need to fill periodic cracks.

These are supposed to last a very long time. It is the same concrete mixture used on airport runways. Very thick and very durable.
I realize a lot of time has passed and that we were not the original owner who contracted the work.
However, I have a very big concern that this one apron is going to continue to deteriorate. Replacing the entire apron will cost more than $200,000. Nothing to sneeze at.
 

Zigner

Senior Member, Non-Attorney
Please read justalayman's response...


Yes. The concrete was poured prior to us purchasing the hangars.
We have been told that it is clearly a bad mixture of concrete.
All four aprons were poured at the same time.
Only this one apron is deteriorating. The other three are in perfect condition, with the exception of the need to fill periodic cracks.

These are supposed to last a very long time. It is the same concrete mixture used on airport runways. Very thick and very durable.
I realize a lot of time has passed and that we were not the original owner who contracted the work.
However, I have a very big concern that this one apron is going to continue to deteriorate. Replacing the entire apron will cost more than $200,000. Nothing to sneeze at.
 

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