Builder stuffed up - irreversible mistake - what can we do?

We are in the midst of building our custom home where our contract/selections were signed off on polished concrete flooring with partial exposure and a matte finish. Upon arriving at the site yesterday to check the job, the floors have been ground to a full exposure - basically the complete opposite of what was discussed & the pictures which were presented to us which we were asked to confirm (all of this is in writing). Because there was supposed to be minimal aggregate exposure, we didn't do a selection of stones so we are stuck with all black crappy stones with barely a gap in between. Builder has accepted fault. The entire aesthetic of the home has now changed & not to mention all our other selections have been modelled around the floors we originally wanted & expected. This is an irreversible mistake as the only solution involves pulling up the entire slab and redoing the grind. The builder is trying to find a solution which gives the equivalent finish but so far nothing has been presented to us. Realistically what are our options in this situation? Our build is now halted unable to continue.

That’s so disappointing that you have only just started and get an issue like this pop up straight away

Make them pay for the most suuuuuper expensive floor tile that you can’t find that gives a similar looks?

I’m thinking something like concrete fuze from beaumonts.

Thank you so kindly! Yes, to say I am heartbroken doesn't even begin to cut it. Polished concrete has been my dream floor for about 10 years now and this was supposed to be our forever home so yeah...devastated.

Tiles are certainly one of my options but I will never have the floors I wanted now and probably the main reason we even went with a custom builder. I understand they will need to rectify at their expense but I know I am always going to lament that I didn't get what I wanted.

I would definately be getting legal advise about what remedies are available to you.

Obviously replacing the whole slab is the ideal option so hopefully that’s a possibility for you!

Initially paying unnecessary rent is the least of your problems..What type of contract did you sign?
if it's a standard MBA or HIA contract then I'd say get ready for expensive litigation.

Hmm. You can certainly ask them to pour a thin concrete pad overlay over the existing floors.

You also have a leverage over the builder - tell them you don't pay the full amount until the problem gets mitigated, it is in their interest to resolve problem amicably too, as litigation is lost money and time for both sides.

It will be much much cheaper for them to fix their mistake than to litigate.

On the other side, ask yourself a question wether you really really want a polished concrete THAT MUCH?

It has its own drawbacks, e.g. strong tendency to crack, cold as hell, painful at falls and can get quite slippery too.

As proposed above, consider a good quality porcelain or marble tiles as a very decent alternative and ask your builder to pay for it.

Sometimes we do have to compromise.

Thanks for your reply. They can't pour a thin layer over the top because of something about it not binding with the existing slab and shifting. They also can't repolish a thin layer because it will do just as you say - crack into pieces unfortunately. I did really want it as I've had my heart set on it. Always loved the seamless look and wanted low maintenance flooring. I am going to consider tiles even though grout lines are a pet hate of mine but is the cost of them and the cost of the labour all on the builder now?

I didn’t get in my house what i wanted and builder stuffed up but I had to agree and they gave some extra upgrades... go for extra upgrades as compensation or get the tiles as recommended

Thanks! The tiles that will meet what was supposed to be the intended finish may not be cheap...that's their bill though right?

Yes it seems you are stuck with something you did not want, unfortunately, but it highlights that quality in building is not a game of chance and quality (getting the result that meets your reasonable expectations) does not happen by accident. Its hard work: planning, communicating, checking, re-checking, monitoring, verification and correcting.
You have specified what you want, communicated to the builder and still got the wrong outcome, why? Because it is not enough. It seems no one has checked that the floor grinder has got the right instruction and no one has asked that a small sample area be ground and approved as a sample for the rest of the slab. Yes, the builder should have done all that but who checks the builder? If you have critical requirements such as concrete grinding and exposed finish then you must have quality assurance system in place to monitor verify and correct.

I agree with you. What quality assurance you would you have suggested? We tried to find out the exact time the floors were going to be done so we could be there for it but our site supervisor did not return our calls or texts. We do not live locally to the build and obviously have our own jobs to go to. The sample you suggested was also something I believe should have happened instead of going gung-ho at the slab. So where do we stand now?

You could have went to an Architect and paid 30% more Plus fees..but you didn't
Where do you stand, out of pocket either way ,I suggest you negotiate Tile costs with your builder
Sorry to be blunt...Tho I can't see him losing out

I don’t think this information is correct. If your builder lays the wrong tiles or lays them crooked, they’re responsible for ripping them up and relaying them. Same goes if they use the wrong brick or paint the house the wrong colour.

Fighting it comes at a cost..I suggest you check that out..as I said either way you lose out
You will need to determine the optimum/best cost solution.

Not necessarily. In nsw we have free government agencies to assist in this type of thing

For all the others that may find themselves in potentially similar position, if you have something critical that requires special performance then it should be specified and spelt out in the special conditions of the contract together with designated damages/remedies if the performance or quality fails. That way builder would have been on unmistakeable notice as to what would happen in the case of a default.
Special conditions could have stated that owner approves sample floor area in writing before rest of the slab is ground
You say you went with a custom builder, fine but many custom builder are no better than large project builders. it seems you tried but builder ignored you, I find this all the time.
As to where you stand now? Not a very good place to be. Even if you go legal (it will cost you heaps) you may not get award for demolition and replacement of slab on the basis of a cosmetic defect only but may get some compensation. Whether that will offset money spent, probably not, however I cannot give you legal advice just the benefit of my experience.
Perhaps your building problems coud have been avoided if you had your own building consultant or an architect looking after you.
On architectural building jobs it is the architect that specifies required performance and enforces quality, you are building without one, see my drift?
As a builder whospent a lifetime on architectural projects I know not to mess with architects, if you get it wrong you will be ripping it up and doing it again at your own cost and without extension of time. Architecturally supervised contracts have greater control over builder's performance requirements than standard housing contracts.

What state are you in?

I'm so sorry to hear this has happened. I totally feel for you - we're about to build and hoping to have nil exposed mechanically polished concrete with a matte finish.

We're pretty scared about the process - because as you've mentioned, we didn't select different coloured stones. If they don't pour the slab correctly, our nil exposure might show aggregate anyway and we have no idea what it will look like. Our builder hasn't done many concrete floors either. Our SS is currently looking for the right company to do the slab, so he seems to care. Hopefully he gets it right for us.

I know it's not what you wanted, but could you live with the exposed look? Do you have pictures? What was your desired theme for the house? I don't have a solution, but just thinking about what if this happens to us..... I'd probably lean towards keeping the current flooring as opposed to tiles, because I agree - grout sucks and I would prefer seamless concrete flooring. But I would certainly ask for compensation in other ways - some extra upgrades.

I really hope you're able to find a solution that you're happy with. <3

Here in WA the, Building commission isn't free, the first step is mediation and that comes at a cost.
I suspect it is the same elsewhere

If something is free it usually is not worth having and is a waste of time.
That's my experience in Victoria. People come to me after they wasted their time.

Thank you. All I can suggest to you is get there before the polishing starts and talk to the tradies themselves and show them pictures and just make sure you are all on the same page. I tried to do this myself but yeah, lack of communication failed us and I got there too late. We signed off on pictures etc as well Which they provided to us but I’m still in this boat. I was going for an organic/eco look and the floor now looks very industrial so I’m not sure what to do. Good luck, hope my experience has helped you.