Browse Forums Paving & Concreting 1 Mar 12, 2011 8:18 pm We have recently built a house in WA and are at the stage of concreting the driveway and pathways. We hired a concrete contractor who has recently poured a section of the concrete (approx 1/4 of total job). When hubby and I went to inspect the job this morning we were appalled at the substandard workmanship. Teh concrete is flaky, patchy, has holes in it and is uneven in depth. We contacted the contractor who admitted to the subbstandard work and he wants to rip up the bad concrete and redo the work. However, we have lost all confidence in his ability to do a good job. Does anyone know our rights and obligations in asking this contractor to remove the concrete and no longer continue with the job. We would like to get someone else to do the job instead. We have not yet paid any monies. Are we obliged to pay him anything for his substandard work and removal? I appreciate anyones help. Thanks. Re: Paying for Substandard Work? 3Mar 15, 2011 12:23 pm Aiah He has admitted its sub standard, I wouldn't pay. Do not tell him you don't want him to do the rest until after he has removed the bad section. other wise he may not bother to remove it. If he has admitted it isn't right and has offered to fix it I think you should give him another shot. If you chose to have someone else do the work I think you would still be liable for at least the concrete he used if not more. I think you would be made to pay something if it went to a small claims court. Re: Paying for Substandard Work? 4Mar 17, 2011 7:03 am Why would China be liable for paying when no work has been done, and in fact he has made things worse? If it was me I would be willing to give him another go but only if he explains to me exactly what went wrong, and how he's going to do it better next time. In a way that I can understand. Metricon Riva 33 - http://herlihy-riva.blogspot.com Site start 15/03/2010 - Handover 23/12/2010 9 months and 8 days (284 calendar days) from site start to handover Re: Paying for Substandard Work? 5Mar 17, 2011 10:40 am btherl Why would China be liable for paying when no work has been done, and in fact he has made things worse? But there has been work done, admittedly by the contractor not of an acceptable standard, but the contractor has offered to re do it and unless you could prove they were not up to the job I don't see how you can just not pay. I would think paying the cost of the materials supplied would be acceptable. Re: Paying for Substandard Work? 6Mar 17, 2011 11:33 pm Hey we all make mistakes. But if we admit so, then as soon as possible it should be rectified. I made a mistake with the colour of the first part of an exposed aggregate job, it cost me $8k+ to remove and replace it. Lucky for me the client was considerate enough to let me fix it My mistake, my cost, end of story unless the client wants to make further comment. Though there were no bad sections, just the wrong colour(very wrong - 2 jobs not far apart distance wise but a long way in the colour stakes ) Where you are coming from is where you are going to... Re: Paying for Substandard Work? 7Mar 18, 2011 1:18 pm chrisandkate btherl Why would China be liable for paying when no work has been done, and in fact he has made things worse? But there has been work done, admittedly by the contractor not of an acceptable standard, but the contractor has offered to re do it and unless you could prove they were not up to the job I don't see how you can just not pay. I would think paying the cost of the materials supplied would be acceptable. Would you pay for the ingredients of a meal that's so bad the chef agrees and offers to have another crack at it? Re: Paying for Substandard Work? 8Mar 18, 2011 1:51 pm Aiah Would you pay for the ingredients of a meal that's so bad the chef agrees and offers to have another crack at it? No, But i would pay for the meal if it was re-made it and it was good. I wouldn't pay for anything if it wasn't offered to be remade. If a chef refuses to remake a dish that is not acceptable then you don't have to pay, but if you refuse a dish to be remade you have to pay. sometime you will get an option of the 2 but the option is not automatic, it's up to the chef to offer. However, I/we were talking about IF China refused to let the contractor re do the work. Its a little different. I agree the cost foe removing the bad concrete and re doing the job should be on the contractor, but if China didn't allow him to fix it even if he offered to , then I would think that if it went to a small claim court they would make China pay for the materials used as the contractor was not offered the opportunity to repair it. chrisandkate If he has admitted it isn't right and has offered to fix it I think you should give him another shot. If you chose to have someone else do the work I think you would still be liable for at least the concrete he used if not more. I think you would be made to pay something if it went to a small claims court. Re: Paying for Substandard Work? 10Mar 18, 2011 7:25 pm If he had more facial hair and you couldn't see the match sticks holding my eyes open... I could have passed for Barth a few days ago Where you are coming from is where you are going to... Re: Paying for Substandard Work? 11Mar 20, 2011 8:03 pm @onc_artisan, Hypothetically, would you pursue monies owed if you completed a job poorly, offered to fix it and were told to get on your bike? For continuity you offered to re do it, the customer agreed and you removed the poorly done concrete then you were told to leave. Re: Paying for Substandard Work? 12Mar 20, 2011 10:49 pm chrisandkate For continuity you offered to re do it, the customer agreed and you removed the poorly done concrete then you were told to leave. I think you'll find that most contractors would pursue this further, as you had made a verbal agreement to allow the contractor to rectify the work. Some may just choose to cut their losses and walk away (probably after giving a colourful verbal spray), but even still, if a contractor makes an error in an installation (regardless of what type of error) and agrees to rectify it, i'm pretty sure there are consumer laws that state that a contractor must be given reasonable opportunity to fix any problem. If you really wanted to give yourself some peace of mind (but risk getting the contractor off side), you could draft up a contract/agreement stating that if the contractor does not rectify the work to a level that any reasonable person would find acceptable, then they will be liable for the complete removal of the job. My suggestion though: just talk to the guy (he sounds reasonable as he's admitted fault already) and say that you're a little concerned with his quality after his first attempt and ask for reassurance that the rectification work will be of a much higher standard. Re: Paying for Substandard Work? 13Apr 01, 2011 2:50 pm If he offers to redo it and I agree, then yes I think he would have a claim against me. But if I was going to ask him to walk away now, I wouldn't be paying for the materials. I don't consider leaving a mess behind that I have to clean up as work having been done. He still has the option of explaining to me what he did wrong and how he's going to do it better next time. If he can't do that, then we can both cut our losses and I'll find someone else to do the job. Metricon Riva 33 - http://herlihy-riva.blogspot.com Site start 15/03/2010 - Handover 23/12/2010 9 months and 8 days (284 calendar days) from site start to handover Re: Paying for Substandard Work? 14Apr 01, 2011 3:04 pm If he offers to redo the work, then I would let him have another go. It may have been a bad mix etc. If he has another go at it and it is of poor quality then I would negotiate a price reduction with the contractor. Sometimes mistakes happen. I am sure if given another chance he will try to do his absolute best work for you. If he lets you down again then definitely take action. Good luck. Re: Paying for Substandard Work? 15Apr 01, 2011 3:51 pm If the job is not up to standard again, do you pay for materials for the first screw up and the second? I believe the client should be able to pull the pin unless there is a contractual agreement, and assuming the work is genuinely substandard. .... If they are a genuinely good contractor they will remove the offending work and walk away, if they are bad they will leave it there... ive never...ever...ever heard of someone chasing money for a screw up. Re: Paying for Substandard Work? 16Apr 04, 2011 9:22 am No I would pay the price that I was quoted. My key point is IF the the grano admits fault and says they'll fix it, then they should be given the opportunity to do so. If you said yes to them re doing it then promptly show them the door after removing the poor stuff it would be very interesting to see the result of a small claims court case on the subject. I don't think that you would be the winner of said court case under those circumstances. Aiah I believe the client should be able to pull the pin unless there is a contractual agreement, and assuming the work is genuinely substandard. So the fact that you would have obviously agreed to have the contractor supply a driveway and paths is not a contract? I'm pretty sire He's not there just because he thought your place would look better with the drive and paths done. So if you home builder puts a door in the wrong spot you should be able to tell them to just remove everything and get a full refund?? I'd like to see that! Aiah If they are a genuinely good contractor they will remove the offending work and walk away, if they are bad they will leave it there... ive never...ever...ever heard of someone chasing money for a screw up. This is not chasing money for a screw up. This is the grano doing a bad job (no one gets it right every time) admitting such and advising that s/he will re do the job. You (as the one who employed the grano) agree to the re work but only in the premise of having the bad job removed and making sure they clean it up. Knowing full well that you will not allow this contractor to re do the work, you ask them to leave as soon as the poorly laid concrete is gone. If you don't want them to re do it. tell them straight up. As you said if they're good they'll remove it if not you'll have to chase them. Building Standards; Getting It Right! Hi, yes, we have the report. The builder has rectified the items on the report and we’re moving forward with the build. 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