My driveway is heaved 4+ inches

[oachs83]

What is the name of your state (only U.S. law)? Minnesota

Hello, I just bought my first place last March, it is a brand new home and came with a 1 year warranty that ends this March 1st 2009. My question is my concrete driveway has cracked and heaved up 4 inches where it meets the garage floor. I can literally stick my hand underneath the slab. There is on spot where the conctete completley broke away and there is some major cracks where you know in another year or two the slab will be junk. The slab has pushed up and destroyed my trim to my garage doors as well. I actually have been in the concrete construction business for 7 years now. I have a great deal of knowledge about concrete and know this is not normal. I called the guy who is kind of the maintenence man and takes care of warranty for the development and have yet to hear back from him. My question is if he gives me any grief or tries to claim it can't be covered under warranty is there anything I am able to do? I just want to be prepared if he is not willing to have it fixed.

 

[Cedrus]

Let's not fool around with the maintenance man and write a certified letter, return receipt requested to the BUILDER. Give him 5 working days to respond in writing. If nothing happens start writing the MN state contractors association, the home office of the builder (if there is one), any associations or trade groups your builder belongs to and the MN attorney general. Check to see if your driveway was inspected and signed off by the city or county building department.

 

[nextwife]

If this is NEW construction, are you certain that the driveway heaved, rather than the soil compacted?

 

[oachs83]

Oh yes, you can see the huge radius with the garage door lines. It is definently pushing up. It's like a speed bump getting out of my garage.

 

[Dougthegreat]

What does your warranty say the acceptable limits are for this? What does your service rep say? Mine experienced about three inches of settling, and with one phone call, they came out and re-paved the whole thing.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Minnesota

Hello, I just bought my first place last March, it is a brand new home and came with a 1 year warranty that ends this March 1st 2009. My question is my concrete driveway has cracked and heaved up 4 inches where it meets the garage floor. I can literally stick my hand underneath the slab. There is on spot where the conctete completley broke away and there is some major cracks where you know in another year or two the slab will be junk. The slab has pushed up and destroyed my trim to my garage doors as well. I actually have been in the concrete construction business for 7 years now. I have a great deal of knowledge about concrete and know this is not normal. I called the guy who is kind of the maintenence man and takes care of warranty for the development and have yet to hear back from him. My question is if he gives me any grief or tries to claim it can't be covered under warranty is there anything I am able to do? I just want to be prepared if he is not willing to have it fixed.

**A: send a certified rrr letter this week to the developer/builder putting them on notice of the problem and include color photos. Hire a structural engineer to inspect and write a report. Consult with a construction defect litigation attorney.

 

[oachs83]

Well, I just got off the phone with the development/maintenence guy. He told me there was no warranty for the concrete even after the day it was poured. At most I could personally fix it for $300 on my own. Is it going to be worth it to take it any farther? I just am a blue collared guy that has no idea how the legal system works. Thanks

 

[FarmerJ]

O other than what the others mentioned at least get your complaint in writting sent certified mail or registered so you have a paper trail. You didnt say what area your in but I can tell you I have seen WAY more frost heaving starting early this year than ever before, Im in Mille lacs county and work over in Pine. Every county road & TWP road I use are showing signs that this year it is worse than any winter since I moved up here. Even my own house has one corner that has heaved more than in the past. Some of the sites I work at too are worse than other winters. Getting your complaint in writting gives you a paper trail that establishes the complaint w date incase you learn your legal options are wider than you were led to believe.

 

[HomeGuru]

Well, I just got off the phone with the development/maintenence guy. He told me there was no warranty for the concrete even after the day it was poured. At most I could personally fix it for $300 on my own. Is it going to be worth it to take it any farther? I just am a blue collared guy that has no idea how the legal system works. Thanks

**A: did you even read my post? That's the start of the legal system.

 

[drewguy]

Talking to a lawyer about it will cost more than $300.

I would try again with the person, then sent a certified letter demanding they do it by such a date, and you will do it after that date and seek to recover the cost in court. Then do the work and file an action in small claims court, but check to see what the requirements are in MN for that, because they're differnet everywhere. In many states, small claims is set up for just this type of thing--minimal value with people who don't really know their way around the legal system.

Only you can decide whether that's worth your time for the $300 plus your labor.

 

[Kiawah]

I think you should get a real estimate for repair, before you use that $300 in discussion.

I think you'll find that cutting out that piece of concrete, breaking up and disposing of the old concrete, bringing in concrete and laying it, is going to cost substantially more than $300.

I think you also need to look at how the water drains around your house. You may have a water drainage problem where the water is pooling at your garage, and when freezing heaving the concrete.

 

[HomeGuru]

Talking to a lawyer about it will cost more than $300.

**A: that's strange. I know at least 8 attorney's in MN that would give free consultation.


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I would try again with the person, then sent a certified letter demanding they do it by such a date, and you will do it after that date and seek to recover the cost in court. Then do the work and file an action in small claims court, but check to see what the requirements are in MN for that, because they're differnet everywhere. In many states, small claims is set up for just this type of thing--minimal value with people who don't really know their way around the legal system.

Only you can decide whether that's worth your time for the $300 plus your labor.

**A: this may or may not be a small claims action.