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Steinlaw, Lawyer
Category: Consumer Protection Law
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Experience:  Consumer law attorney, author of California Debt Blog, top foreclosure attorney
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In 06/07 we had concrete installed a Front Walkway, a patio

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In 06/07 we had concrete installed: a Front Walkway, a patio & pool area. In 04/10 we noticed the concrete surface on our front walkway & patio were chipping up in various areas. We sent a letter along w/pics to the mason who said it looks like salt damage from using rock salt and I need to take a piece of the concrete & pay to get it tested to show otherwise before he would fix it. We usually only use calcium chloride so I believe there may be something wrong with the actual concrete or installation but regardless, I was never given any instructions on how to care for the concrete. The only documents I ever received from him was an estimate & an invoice with the amount of concrete & price. Couldn't I sue him on that basis in New Jersey? I spent over $15,000 & in less than 3 yrs the concrete in ruined. I was never given written or verbal instructions on what to use to thaw snow. Concrete should last many yrs, not less than 3 yrs I want to sue but need to be sure of the about law.
Submitted: 7 years ago.
Category: Consumer Protection Law
Expert:  Steinlaw replied 7 years ago.
I am sorry you are going through this.

In NJ, the statute of limtiations is 6 years. So you have time to file a lawsuit. However, before you do, you need to have an expert come out and tell you why the concrete is not correct. It could be because of salt, or it could be that it was a bad mix or it could be one of a number of reasons. You cannot go to court without an expert. If you do, you would lose. So take some time to have an expert inspect the concrete, tell you whats wrong with it, what it will cost to replace it and then you should send a demand letter to the contractor.

If the contractor settles, great. If he does not, you will want to retain an attorney to file a lawsuit.

Good luck.
Customer: replied 7 years ago.
I understand that. However, I guess my general question is that even if there was not something wrong with the actual concrete and the damage is salt or calcium chloride damage, could I still sue on the basis that I was given no instructions on how to care for the concrete and that it last less than 3 years? Is there a law I could refer to?
Expert:  Steinlaw replied 7 years ago.
No. If the basis of the lawsuit is improper maintenance because you did not know how to care for the concrete, you would lose.
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