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I am rejecting this response because:
Response to the Contractors’ statement replying to my complaint. In his first sentence the contractor mentions a settling deck.  This is nonsense. This back porch slab is constructed on a perimeter 8’ x 16’ two foot high on 8” concrete blocks that extend down to a footer below the freeze line.  There is no “settling” of the deck.  The porch slab was pitted and not properly “dropped” from the back to the front, i.e. it was too “level” when it was originally done, thus standing water. It is true there are two areas affected but the rational of the contractor has changed.  When he looked at it on 4-17-17 he made a comment that there was probably moisture trapped under the two areas which I agree.  These two areas have swollen and cracked is the sealant applied.  OK it’s not his fault that Mother Nature froze the moisture but it is his responsibility to know his materials and the damage possibility of not having moisture trapped under it. He did not act accordingly. And lets be clear about the freeze and thaw of NE Ohio’s winter, 2016-2017 was a good 6 degrees higher than normal, yes its Ohio but hardly a harsh winter.  I don’t think only 4-5 months of weather is an acceptable time period to expect a concrete job to fail. The contractor is fabricating all of this talk about no warranty due to the nature of our winters.  I’ve lived in NE Ohio all 68 years (except 3 years in the Army) so I understand it can crack pavement.  There was no talk of any warranty- NONE. If the job was done properly there would be no issue.  But since the work method was such to trap moisture, we have two areas that failed. If Mother Nature is to blame, why did only about 15 sq. ft. of the 128 sq. ft. slab fail?   I clearly explained from day one that all I wanted was a resurface job that would look good when he was finished AND drained properly away from the house and off the end. Further, let’s understand that the job should have a finished drop of an inch from house to end of slab.  There is only ½” drop still today.  He had to come back 4 more times after the first material application because it was not draining properly. It seems to me that “on the cheap “applies to the contractor with the expense of his materials. As he said, the contract states grinding existing concrete slab and apply an overlay with sufficient drainage away from the house.  This was not accomplished due to the ineffective work methods, since rain is not draining. And notice also what is not in the contract – wording about any warranty information.  It doesn’t say “no warranty”.  However he implied confidently that he could make it look good and drain.  Neither happened. It would seem to me that both parties could win here.  If we work together and get it fixed, or at least try, I’d me happy and this could end so I can say he resolved the issue. Otherwise we both loose. Take note I count 8 times the contractor was asked to contact me and got no response.

there were initial issues with the overlay material being pulled off with the broom finish required and the issues were properly fixed and the settling deck was sealed after the issue was corrected. After winter (freeze and thaw) there are 2 small areas that were affected by the winters freeze......

the said job was explained to not have any warranty due to the nature of it.. home owner wanted to try the cheap fix and gamble with its longevity with north east ohios winter and mother nature prevailed. the owner knowingly chose this option with full understanding that there was and is NO warranty for this type of work due to weather conditions.. the option to remove the old concrete and replace it with a new concrete slab with the proper drainage was available but said home owner refused this option due to the cost. the original contract states ...grind existing concrete slab and apply an overlay with sufficient drainage away from house....this was accomplished no warranty was given and we are not responsible for mother nature.