Mixed-on-site concrete - a warning

[Autolycus]

The new shed/garage is to be about 16ft square - 25m^2. I built up block walls to floor level, then contemplated the prospect of mixing

2.5m^3 of concrete and laying it. I am "none the better for being born so soon", and my chief tamping-beam assistant isn't as strong as she once was. Access to the site is a bit awkward, and there's a chance a ready-mix wagon driver might have baulked at it, which would have left me with 6 tons of concrete in the road, 70 yards from the garage base.

So a Yellow Pages advert for "Fast Mix of Derby" ("exact amount mixed on site, laying service available") seemed an attractive idea. £340, which was about £65 more than Ablemix's price for supply-only, didn't seem too bad for 2.5 cube of C25, though I hate the whole notion of paying people to do jobs for me.

It was a disaster: the mixture was pure guesswork, and despite many entreaties, the mixes varied from runny to sloppy (to put it technically). They didn't care how much of it they splashed or spilled (over my decent block paving). When the leader of the pack tried to level it (with a tamping beam that wasn't long enough to reach from side to side) it was so pudding-like he made no attempt to compact it. By the time he'd "levelled" it to within a yard and a half of the near edge, there was so much free water even he didn't dare add more porridge-like concrete till he'd borrowed a bucket from me to bail out some of the excess water. By the time he'd finished, almost the whole of the surface was under water.

They kept a tally of how many mixer loads they had used, and claimed that each load was 1/3 m^3. I had wacker-plated the whole area many times, both before and after sand-blinding, and had gauged the depth as accurately as if I'd been block paving it, so I knew exactly how much concrete was needed. They claimed they'd used far more than 2.5m^3, and wanted an extra £58. This was a complete scam, which they presumably usually get away with.

By this time the bozos were attempting to clear up by sloshing the odd barrow of water over the block paving. They didn't even have an intact yard brush.

They rang their boss, and I had a short and unpleasant conversation with him. I paid them the originally agreed amount so they'd go away.

Four hours later, it was still far too wet to float properly, but it was getting dark so I had to do the best I could. The surface is now soft, sandy, and loose, and I'd be surprised to get 10N/mm^2 on a cube test.

Yes, I know I should have been more demanding from the start; that I have all sorts of theoretical legal remedies, and that it serves me right for not doing what I've always done before, and mixed it myself, to my standards. But I didn't, and now I just want to get the garage built and move on. Fortunately it's a storage-only garage and shed, so it won't get a lot of traffic.

The firm again: "Fast Mix of Derby", also trading as "Barramix" (sic) of Nottingham, based at Hoveringham.

Never again.

[Phil L]

Sounds about right, the usual trick of 'that's your X metres, do you want us to carry on mixing?' is nationwide, as is their ineptitude at A) mixing, B) barrowing and C) cleaning up.

We've just laid (yesterday) 3.75m3 of ready mixed stuff, it went down a dream and is now as hard as rock and perfectly level, most ready-mixed firms will quote for barrowing in at around £20 per cube, yes it's more expensive, but considering that you still had to barrow the 'we mix you lay' crap, it may have been wiser to get ready mixed...as an aside, how much did you pay for 2.5m3?

[.]

sad tale, thanks for the heads up but you shouldn't have paid :-(

[Weatherlawyer]

I'd have asked the bos to come down and sort it out at least. And if you gave them a check cancel it.

[Colin Wilson]

Not terribly good advice, as the company can sue on the cancelled cheque alone and win.

[Dave Baker]

Technically yes. They would win the amount of the cheque but if you have a valid counterclaim this would act as a set-off against that amount so in practice the cheque doesn't really count for anything.

[meow2222]

Theres no way I'd have paid. I'd have said I've grave misgivings about the concrete meeting the agreed spec and was going to get it tested before paying up.

As far as leaving goes you can order them off the premises any time, and if they wont go its trespass.

If they failed to honour their side of the purchase agreement, by not supplying crete that was to agreed spec, nor fit for purpose, you can in principle pay someone else to rip it out, cart it away and relay the base, then extract the costs from the bodge merchant via the small claims court. That they know you know this leaves them in a very weak situation. Suing via small claims costs very little indeed, and a signed expert statement and a video of you poking the thing apart may be all thats needed for you to win. I'm assuming you got the purchase agreement in writing before the job, but even if you didnt you might still succeed.

If you go this route, they will probably suffer several blows: costs of removal of base, including skip hire, re-lay costs, and the bad publicity that will follow will cost them business too. So they might if lucky settle for paying the cost of removal of the base. A court summons would prod them to the reality of your case if need be.

It will of course harden over the coming week, but by how much who knows. If it still crumbles when you poke it, after hardening, what use is it. If this was laid yesterday, I would give it time, as even decent crete is feeble on day 1 and 2.

If youre desperate to get the job done quick I suppose you could lay a

2" 3:! mix on top, preferably with 1% fibres. This will spread the load and provide a tough surface. The fibres would greatly reduce the chance of cracking and breaking. Plastic fibres are used now rather than asbestos.

NT

[Weatherlawyer]

It would be a civil matter not a criminal one and if the offer to pay a nominal fee for the effort involved (twopence say) or if a counterclaim for damages went to the same court....

But when the firm attempted to substitute water for concrete, they failed in their part of the contract. Stop the damned cheque.

[daddyfreddy]

Never use the Yellow Pages for 'tradesmen', period.

[.]

rubbish.

[The Natural Philosopher]

Yup. Issuance of a cheque is de facto and de jure proof of acceptance of liability and satisfactory invoice..although a cancelled one, rather than one that just bounces, is less so.

[The Natural Philosopher]

Yes. That's a better answer than mine.

[Weatherlawyer]

No one in any bank I opened an account at ever warned me of that.

I would have said that the cancellation of a cheque in time would have been enough proof to me the sods never got my lolly. And that's all I'd need. Also I'd go around to the firm's site with a coachload of yobs just to say hello.

I hope the OP wrote to his local paper.

Once the concrete failed you are entitled to refuse payment until services are rendered properly.

[John]

you are entitled to refuse payment until services are rendered properly.

The OP is talking about concrete not rendering ;-)