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Not happy with the work of someone I hired to pour me a concrete patio. I paid half up front and the other?
half is due right now. I live in Texas, what can I do?
The problem is that he hand mixed all the concrete. So he mixes the concrete, then does half of the slab. Then mixes again does the other half. The first half is about the color I would expect but the other half is a dark grey.
He did the work, bought the materials, hired people to help him, so it isn't like not paying is an option. But I'm just not happy with the way it looks and I think when I get ready to sell the house if the buyer is anything like my wife, that could become an inhibitor.
Legally what can I do? What would you do?
11 Answers
- rutgersgroupLv 41 decade agoFavorite Answer
This is a common complaint.
Concrete companies never guarantee that the color of concrete will be the same.
Normally the color evens out over time.
if you feel the color is important after about six months coat the concrete with a colored sealer.
This will guarantee that color is the same, make the surface easier to clean, and protect the surface of the concrete.
Cheers and good luck!
- Anonymous1 decade ago
Give the concrete time to cure properly. The newer is always darker because it is wetter, even though it appears hard, it is still setting. Wait, it will turn out just fine. Perhaps you are being way too critical. Concrete is gray and if he used the same sack mix on both sides it will also be the same shade gray when it is all said and done. Don't make yourself crazy over it. If it is flat and finished, pay the man.
Source(s): 28 years concrete experience. It isn't a piano, it's concrete. - s and d eLv 71 decade ago
did you sign any kind of contract? if so--read it closely. just talk to the contractor and tell him why you aren't happy. however, since it was poured as 2 separate batches-there's no way to guarantee that the color would be the same. so ck the contract and see if it says anything in there about "consistency of concrete" or color of concrete. if there's no contract--still talk to the guy and see if there is anything he can do. maybe they can bleach out some of the darker contractor. i'm not sure a judge would side with you in small claims court unless there is some sort of work guarantee in a written, signed contract. good luck!
- TeeknoLv 71 decade ago
Take lots of pictures. And this is exactly why you only pay half up front.
Pay him what you think it's worth, based on the poor workmanship. Then he has three options:
1. Take what you are giving him.
2. He can make it right, and he'll get the full agreed-upon amount, but any additional costs are on him.
3. He can file suit in small claims court. That's where the pictures will come in handy.
This is precisely the kind of matter that small claims was designed to settle. You don't need to sue him, since you're the one with the money. You pay him what you think is right, and he can sue you, and you hope the judge agrees with you.
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- puzzledLv 61 decade ago
Concrete does take time to dry out and would appear a different shade while wet, but, he started the second half the day after the first half the color such be simular and will dry out the same.
Don't pay him until you are satisfied. Take pictures!
- pinkyLv 41 decade ago
If he just finished the second half perhaps it is not completly dry and will dry to match the other half.
If it's been long enough to dry - whatever that is - then ask him what he intends to do about it. Surely he intends for it to match itself.
I'd tell him I"d pay when it is finished - finished would include an entire patio of the same color.
- Southern ComfortLv 61 decade ago
It takes up to a year for the concrete to cure. Different amounts of water in the mix affect it but you cannot really tell until cold weather has been about for quite awhile. The colors will change over time.
- sdn90036Lv 61 decade ago
Speak with the contractor and explain your point of view. Maybe he has some suggestions.
I wouldn't take it to small claims court because the judge may not think it's a problem at all.
Good luck.
- Anonymous1 decade ago
Here in Australia, we have the Office of Fair Trading and other government departments.
They look into businesses who do the wrong thing etc. So I would give your Office of Fair Trading, or whatever it's called in Texas a call before you spend money on legal fees.
They should do it free of charge. It's their job!
Good luck!
- southarkansasLv 61 decade ago
i agree with mo's response--but to be safe talk to the contractor see what he says-let your wife hear the conversation--then in a few months if it doesnt match then talk about small claims court