Expert: Roger Zona - 4/4/2009

Question
Hi,
We recently had a house built.  Whenever it rains we have a large area on our walkway leading from the driveway to the house that collects quite a pool of water.  We also have a place on our driveway that collects a big puddle.  The water from both of these places just sits in the plant beds against our house because of the lack of outward slope.  We're still within our one year warranty with our builder.  Would it be reasonable to want this fixed or would it fall more into the category of a problem that we're stuck with?  (Our builder was not responsible for any sod or landscaping.)

Answer
Dear K,

"Ponding" of a walkway or driveway is not acceptable.  If properly installed, the walkway should be sloped to one side - away from the building.  Also, the driveway should be either crowned in the middle to slope to each side or pitched to one side plus slope to the street.

It is easy to show an unacceptable condition - just turn your garden hose on and let the water accumulate.  If your builder agrees to correct the situation, do not let him put a "skim" coat on the surface (whether bonded or not) because that will crack and peel off - especially if you are in a cold climate area.  The only correct solution is to remove the entire walk and drive and re-pour with new concrete and the correct slope and pitch.

You might want to check with your local building department to see if they have any codes or standards that will define the proper installation of concrete walks and drives.  Also, I suggest you immediately send a written notice (certified with return) to the builder outlining the condition and your expectations of correction.  Tell him you need a response to your letter within the next 20 days.  This puts the builder on notice even if the warranty expires.

The builder probably will try to talk you out of replacement saying the same problem may occur.  Also, don't accept a cash settlement from him unless it is adequate to hire another concrete contractor to do the job.  

As for the plant beds - water should not stand on the top of the bedding.  That usually indicates that the subsoil conditions are compacted and will not absorb water quickly.  This may be your responsibility unless you hired a Landscaping company to do the planting. If so, they should have prepared the soil properly.  A Landscaper is generally familiar with soil conditions and knows how it must be prepared.  

I hope this has been helpful.

Roger