Concrete Driveway falling apart where concrete was provided by 1 company.

[AdrijanaM]

I am located in Ohio. 3 Years ago this June I had my driveway redone with concrete. We ordered the concrete from Geauga Concrete and one other company provided some as well for a small portion. The part of the driveway Geauga Concrete provided concrete for is now chipping away and falling apart. We called them to look at it and they offered to replace all materials for free but refuse to pay for the labor it will cost to tear up the driveway and put new concrete down.My question is can we legally force Geauga Concrete to pay for material and labor to replace the driveway because it is their material that is making it fall apart and not the labor of the company that put it in?

 

[Zigner]

I am located in Ohio. 3 Years ago this June I had my driveway redone with concrete. We ordered the concrete from Geauga Concrete and one other company provided some as well for a small portion. The part of the driveway Geauga Concrete provided concrete for is now chipping away and falling apart. We called them to look at it and they offered to replace all materials for free but refuse to pay for the labor it will cost to tear up the driveway and put new concrete down.My question is can we legally force Geauga Concrete to pay for material and labor to replace the driveway because it is their material that is making it fall apart and not the labor of the company that put it in?

What are the terms of the warranty that was provided when the driveway was poured?

 

[xylene]

If you don't have a warranty from the installer or concrete company, you should consider the offer of replacement materials very generous.

You really haven't adequately described the failure mode of the concrete, and you'll need an engineer to prove that wasn't a site issue (water, subsidence) use issue (heavier traffic than rated) or installer problem (poor screed, allowed to dry exceessively fast, etc.)

 

[AdrijanaM]

If you don't have a warranty from the installer or concrete company, you should consider the offer of replacement materials very generous.

You really haven't adequately described the failure mode of the concrete, and you'll need an engineer to prove that wasn't a site issue (water, subsidence) use issue (heavier traffic than rated) or installer problem (poor screed, allowed to dry exceessively fast, etc.)

Their warranty doesn't have a limit of time on it. It does state that they will replace materials but on all delivery documents where it states that concrete has been "inspected and delivered" they never had anyone sign. It's the same section that mentions that materials will be replaced.

The drive way atm is chipping from the top. It's not sinking or anything but pieces are just chipping away all over the concrete that was provided to us by this particular company.

Thank you for the response!

 

[xylene]

Ok, you have a materials warranty and it sounds like they intend to honor it.

I'm not following that you have additional recourse for labor and removal cost because an inspection form wasn't signed. All that seems to imply is perhaps that they have no recourse to claim the failure was your fault. They aren't doing that if they agree to replace the concrete. I haven't read your documents.

Hopefully others will other insights and good luck.