Expert: Roger Zona - 7/9/2008

Question
QUESTION: We moved into our new house last Sept.  We prepaid for a concrete driveway that was to be poured early this spring.  We were then told that due to all of the fill that had to brought in, we would have to wait for a full building season to pour because of settling issues, or sign off of all warranties and have it poured now.  Now we are told by the builder that the concrete place has changed their warranty as of june 27th from one year to no warranty at all.  We paid a year ago for a warrantied driveway and now are told we get an unwarrantied driveway.  I don't think this is right and think our drive should be covered to whatever warranty was valid when we paid for it...help!

ANSWER: Bob,

First of all, you should not have had to wait for your drive.  Fill being brought to a job site and to become a base for construction must be spread in layers no greater than 12" and must be compacted to a density factor of 95%.  The builder is depending on weather and normal use to compact the fill.  Let's say you wait.  The fill settles and more fill must be brought to the job.  Who pays for the additional fill?  When will the new fill then settle enough to allow construction of the drive?  Sounds like your builder is using excuses to avoid potential driveway problems.  

The concrete supplier is responsible for the material delivered but the ultimate responsibility is on the concrete contractor - the one who formed the slab, placed the concrete and finished the surface.

Your premise is correct and you should have a warranty.  The Builder must provide a warranty and he in turn will require a warranty from the concrete subcontractor.  You should look to the builder.

Hope this has been helpful.

Roger





---------- FOLLOW-UP ----------

QUESTION: I should probably explain a little further.  We brought in close to $8,000 in fill.  Around 9 feet of fill below the drive and around the lot.  The foundation is maybe 2 feet below the original surface.  It's had close to a year now to settle and it has.  

Now the builder sends me a copy of the subcontractor's new policy as of a week ago that there's no warranty for drives.  Just sounds crooked to me..maybe a BBB issue? Thanks...

Answer
Bob,

Yes, that is an excessive amount of fill and I'm sure you are experiencing settlement everywhere but not necessarily uniformly.

So much depends on drainage of rainwater and snow, where and how the water drains off the roof, and do you have ponding or a retainage area?

I believe you should contact your local building code enforcement officer and inquire if the code in your area mandates a warranty.  Also the licensing requirment may mandate a warranty. I'm in Florida and we must provide a one year warranty - in writing.  You might inquire to the licensing division in your community or county.

The BBB is a franchised organization with little or no muscle.  They are supported by member dues and fees and the members are allowed to advertise and use the BBB symbol.  I'm not a big fan of that organization.

You might want to consider a different type of driveway other than concrete.  A gravel drive over a compacted limestone subgrade is good and drains well.  If you have settlement, add more gravel.  Also the concrete interlocking pavers make a great driveway and drain well also.  They too are installed on a roadrock base and sand bed.  Perhaps your contractor will reconsider his position.  He's had your money for a year (with accrued interest) so you may even get a small refund.

Good Luck

Roger