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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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We had a new concrete driveway, walkway and front porch poured

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We had a new concrete driveway, walkway and front porch poured a few years ago and over the years it has been deteriorating rapidly. The company used a subcontractor to pour the concrete. The job cost approximately $6,000. There was no warranty and the company refuses to repair or reimburse us all our money (they are only willing to pay 1/2 labor cost if we repair). Can we legally go after them without a warranty and win? We did have a professional structural engineer assess the damaged concrete
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The statute of limitations for breach of contract in Michigan is only six years, so to pursue a claim, you would want to act quickly.

If you can prove that the contractor did not perform the work in what is called a "workmanlike manner," then he can be held responsible for the cost of repairing the damage, which is usually significantly less than what was paid. If he is willing to do the repairs himself at no charge, he should be given that opportunity. What you would need is another contractor who can come in, look at the work, and say what it is that the contractor did wrong. There's an implied warranty in every contract that the work will be done correctly. If they used bad concrete, or didn't pour it right, that's something that they need to repair.

If the cost of repairing the damage is less than $3,000, you would have the option of bringing the claim in Small Claims Court, which is designed to be more user friendly than the higher courts.
http://courts.mi.gov/Administration/SCAO/Forms/courtforms/smallclaims/dc84.pdf


Another option might be to hire a local attorney to send a demand letter, to see if they will settle to avoid going to court. A letter is typically not that expensive, but if the company is a corporation or LLC (as many construction companies are), they'll have to hire a lawyer to defend the case, which could cost them more than what you're asking them to pay. They might wish to avoid that.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for helping you today. Thank you.
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Customer: replied 4 years ago.

Lucy,

I do have just one follow up question, the contractor said that no concrete contractor warranties concrete because of the “frost”. That does not sound right, are you aware of that type of any such nonsense ?

Customer: replied 4 years ago.
Lucy,

I do have just one follow up question, the contractor said that: "no concrete contractor warranties concrete because of the “frost”.

That does not sound right, are you aware of that type of any such nonsense ?

regards,
I would say that it's extremely broad to claim that no contractor ever warranties concrete, however, it's not relevant. You're not claiming that he gave you a warranty. Your argument is that he failed to do the work properly. If you can get another contractor to say "Here's how he could have done it to avoid the problem," then you have a claim. If you talk to 10 other contractors and they all say that there's no way that any contractor to have done a better job, then you may not be able to prove a claim against him.