Arcona Remodel

Review: General contractor, [redacted] provided poor workmanship when laying a cement patio in my backyard.

Details of Complaint

1. 1 large crack in front corner cement was due to the wrong tools being used to make the lines.

2. Large crack in backyard corner area.

3. Small cracks are forming at all edges/corners due to decorative lines being too deep. Wrong tool was used.

4. Did not clean up slop/excess cement. I will have to hire someone to haul it off.

5. Took 2 weeks to take forms off.

6. Sloppy when taking forms off, causing a big missing chunk of cement along edge.

7. Created an illegal step by making cement too high on one side of the slab. Dirt is falling out under the slab. He pushed dirt up without adding gravel or packing it down.

8. Poured cement all the way to fence line. He used fence as a "form" when he should have made a border.

9. Did not pack dirt down before pouring cement, causing uneven distribution of cement.

10. Cement job took one month to complete causing a delay in my landscaping.

Timeline:

6/24/13- Started work

6/25/13-Worked on framing and drain

6/26/13-Continued to work in rain but postponed pouring of cement until 6/27/13.

6/27/13- Poured Cement

6/28/13 to 7/16/13 Contractor on vacation

7/17/2013 had worker come over to take frames off. I did a walk through with the contractor at 12:00pm. Showed the contractor the 2 large cracks and he said "Concrete is supposed to crack and it was just bad luck that they cracked the way they did". The contractor said he would check on the cracks and if they got any bigger, than he would fix them. The contractor said if the cracks do not get any bigger, than he would work to fill them in and make them look better. I talked about my concern with the area of cement that is almost a foot and a half higher than the base ground level where dirt is sliding out the sides (see photo). He said it was fine and for me to put bricks along the side to keep the dirt from sliding out. I showed him all the excess cement that needed to be taken off, and all the cement smudges on my home and fences. The contractor said he would clean everything up later that day. The contractor never returned to do what he said he was going to do. The contractor said he would return Friday 7/19/2013 or on the weekend of 7/20/21 but never showed up.

7/19/2013 I asked the contractor when he would be over to clean up. I also told him how I think the front slab needs to be replaced. He wrote me back saying he will be over next week sometime. He also said it was up to him to determine if the slab needs to be replaced. I then told him that he needed to clean up this weekend. I said "you don't want to see me get ugly". He replied, saying he might be able to clean up this weekend but that he no longer felt comfortable with me being present. He said he felt threatened by me and would have to clean up while I was at work.

7/22/13 The contractor cleaned up fences. He did not clean my stucco, or the excess cement. He just added bark to cover up the excess cement that seeped out of the frames. I have not heard from the contractor ever since this date.

Desired Settlement: I am looking to be reimbersed for the amount it will take to repair the various problems with my cement.

Business

Response:

Initial Business Response

First off, I'd like to express how badly I feel that the situation has come to this. I have always strived for the highest customer satisfaction especially since the majority of my business comes from client referrals. In my 10 years as a general contractor, this is the first time that I haven't been able to resolve an issue with a customer. I would like to address each detail of this client's complaints as follows:

1. The "large" crack in the front corner of the garage is partly due to the normal expansion and contraction of concrete against the foundation, not because I used the wrong tool as the client claims. I used a standard float wedge to do all the joints, which is the correct tool for residential concrete work. I did communicate to the client, throughout this project, that concrete cracks and we (in the industry) try to prevent cracks to the best of our ability by creating wedge joints. The crack could have also appeared because of many other variables, some of which include: ambient temperature, how fast the concrete cures, the ground temperature, and the concrete mix.

2. The "large" crack in the backyard corner area is also partly due to the normal expansion and contraction of concrete against the foundation and partly due to the variables listed in #1 above.

3. The small cracks that are forming at all edges/corners are neither due to "decorative lines being too deep nor the wrong tool being used" as the customer claims. These cracks are due to the same variables that I described above because I used the same tool, a standard float wedge, to float these joints, which she describes as "decorative lines". These "decorative lines", or wedge joints, were put in to reduce large cracking; but in the industry, we know that despite such precautions, concrete may still crack.

4. In terms of her claiming that I did not clean up slop/excess cement, I explained to her that I would be happy to come over, during regular work hours (since this was on the outside of her house), to clean up any leftover cement that I missed. Her response was that I was not allowed to be on her property unless she was there which means a greater potential for verbal conflict between us, which I did not want to happen, especially given her comment towards me of "you don't want to see me get ugly". Reluctantly, I did agree, through a text message, that it may be difficult for me to do this work after 5:30 on the weekdays or on the weekends, but that I would try.

5. Regarding my taking 2 weeks to take the forms off, I had informed the client that I would be gone for 2 weeks for a family vacation and she agreed that that was fine. I do recall the client thanking me for getting the job done in such a timely manner and conceding to my leaving the form boards up until I returned from my vacation.

6. Addressing the "sloppy when taking forms off, causing a big missing chunk of cement along the edge": although I was careful when taking these forms off, this chip of the concrete did happen, and I would be more than willing to fix that chip to the best of my ability during regular business hours.

7. The client also claims that I "created an illegal step by making the cement too high on one side of the slab, that dirt is falling out under the slab, and that I pushed dirt up without adding gravel or packing it down". I am not aware of creating any "illegal" step. The original grade was already steep to begin with. I am willing to mortar up the sides of any dirt falling out due to this steepness during regular business hours.

8. Regarding that I "poured cement all the way to the fence line" and that I "used the fence as a "form" when I should have made a border": she saw and verbally approved the concrete going against the fence before it was placed.

9. The client further claims that I "did not pack dirt down before pouring cement, causing uneven distribution of the cement". I am unsure about what she means by this but if she is referring to the uneven depth of the concrete underneath the slab, then I offer this clarification: the concrete varies underneath the slab in thickness which is normal when pouring on grade. The dirt grade was already compacted by tractors and, therefore, already solid hard, before I poured on grade. Uneven distribution of cement is normal given this circumstance. The top of the slab is sloping at a quarter of an inch per foot minimum; to be clear, the top of the concrete is not uneven.

10. With respect to her final complaint of the cement job taking one month to complete and, thus, causing a delay in her landscaping: again, I recall the client thanking me that I got the job done in such a timely manner and consenting to my leaving the form boards up until I returned from my two-week vacation.

While the California State License Board cleared me of any wrongdoing (on 9-30-13) with respect to my workmanship on this client's project, I am still willing to clean up any excess rubble I may have missed and other details outlined above (with the exception of the cracks at this time) during normal business hours.

Final Consumer Response

(The consumer indicated he/she DID NOT accept the response from the business.)

The definition of insanity is doing the same thing over and over again and expecting different results. I could go back and forth with this contractor for years but that would be a waste of time and energy. The point of my complaint is not to argue back and forth as to what the contractor did right or did wrong. The point of this complaint is that I paid $4500 for cracked concrete in my new back yard. I just want the front slab with the largest crack of them all replaced. I would also like my stucco to be painted where all of the cement is smeared. I am not going to have this contractor alone in my backyard to make these repairs. Because the contractor is so threatened and afraid of me, I would suggest having a 3rd party perform the repairs. I got a second opinion from a reputable contractor and he said if his company had produced such huge cracks, that they would be repaired without hesitation.The second contractor also said that he would never leave a job site in the condition that it was left in. A smart business man would want to save his reputation/workmanship and just make the simple repair.

Final Business Response

It was not my intention to insinuate that I, alone, performed the work on this client's concrete project. I would like to clarify that when I mention "I", I am referring to not only myself, the general contractor of my business, but also to the companies I subcontracted out to and workers I oversaw and was responsible for throughout this job. While I did hire undocumented labor to assist me with the concrete work, I have already taken the necessary steps to rectify this situation with the California State License Board.

The client is also accurate in citing that I did not provide her with a written contract; this is the first time in my 10 years as a contractor that I have not done so as she was someone I considered more than an acquaintance. The verbal contract we entered, however, is still binding, and I will uphold the terms of this contract with respect to any items that qualify for warranty/repair under the home improvement codes specific to this project.

Though the client is correct on the above two points outlined above, she is mistaken on the following:

* Regarding her claim that different tools were "clearly" being used, I am absolutely certain that only one standard float wedge was utilized for all the joints during the concrete pour. There is an appearance of different tools being used because the client requested that I return to make the joints near the slider look better; so I (and I, alone, in this instance) cleaned up the joints and then did the same for additional joints within the same area to make it more aesthetically pleasing to her. This may explain why the client insists that during the pour "different tools were used".

* The client also asserts that I "failed to tell her that she needed to water the cement every few hours". Since I, myself, had already soaked the concrete with water at two different times on the day of the pour (6-27-13) and, again, three separate times on the day after the pour (6-28-13), I believed that this was sufficient to keep the concrete cool and to help minimize cracking.

* Her accusation that I did not remove the form boards myself is unfounded. I did remove the form boards myself while a laborer stacked and loaded the loose boards onto my truck. I take responsibility for this chip in the concrete and am still willing to fix it to the best of my ability during normal business hours.

* I'm not sure what the client means when she says she did not know that there "should" be a 6-inch border between the concrete and the fence; according to the West Sacramento Building Department, this 6-inch border is neither required nor recommended either way. Moreover, her statement that her fence is more susceptible to decay because of the absence of a 6-inch border is inaccurate: had I left a 6-inch border, a pool of water could collect in that area, which may possibly leave the fence more prone to rapid decay. Because the concrete is sloped away from the fence, the water will drain away from it.

* The client states that I "never did return to paint the stucco where some cement had smeared". I remember asking the client to leave the paint (the extra exterior paint that is left to the homeowner) out when I returned to do the clean up. Though the paint was not there, I proceeded with the rest of the clean up as planned. She did, on a later occasion, inform me that she did not have it and demanded that I supply the paint myself. I was willing to do this, but then she denied me access to her property without her present. I have already addressed my concern with this in my first response to this specific item of her complaint.

It is unfortunate that this altercation has transpired into a "he said, she said" exchange. I acknowledge that there have been misunderstandings on both of our parts. Since the client has made it clear, however, that she does not accept the concessions I offered in my previous response to her complaint, I will cooperate fully with the State License Board when she reopens this case. I hope that this alternate process leads to the swift resolution of this matter.