Legal Question in Construction Law in Virginia

I contracted to have a patio built with 5000psi color concrete and to have a broom finish. When the concrete was poured it started hardening faster than the contractor could work with it to ensure it was the correct height and slope. Additionally, he was not able to put a broom finish as you would normally see on a side walk or driveway. I have done some research and determined that 5000psi concrete starts to set up in about 1.5 hours where as normal concrete (3500psi) would take about 4-6 hours to set up. Is the contractor at fault for not being aware of this fact and thus not being able to correctly level and finish the concrete? Although it is could be used as a patio, the surface is very uneven and there are some areas that look and feel as if you were walking on rocks (#57 stones). Should we be responsible to pay to fix it, whether that is to tear it down and rebuild or to cover it with a flagstone? Our original intent was to leave it as a colored concrete slab.


Asked on 6/23/10, 9:27 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

What you've described can be fairly characterized as "unworkmanlike work" for the job that was done, and if the breaches are material with respect to what

was promised by this contractor, it should be his obligation to correct them

rather than yours (in my opinion).

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Answered on 6/24/10, 7:02 am


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