Press enter to begin your search
 
Construction Law Authority / Articles  / Concrete Repairs – Some Matters to Consider

Concrete Repairs – Some Matters to Consider

Concrete generally consists of three components: (a) water, (b) an aggregate material such as sand, gravel, or stone, and (c) cement. In condominiums, concrete is often used in the formation of the shell of the building, with further support and strength being provided by reinforcing steel located within a condominium’s concrete slabs, balconies, and columns.  Over time, exposure to atmospheric conditions, including but not limited to, items such as chloride ions or carbon dioxide (through a process known as carbonation), may cause or contribute to the corrosion of reinforcing steel located within concrete. Other factors may also contribute to this corrosion process. When this reinforcing steel corrodes rust can form, with a resultant volume that is greater than the volume of the original reinforcing steel. Rust can also adversely affect the bonding between the reinforcing steel and the surrounding concrete, with the potential for cracking, spalling, rupturing, and delamination of the concrete itself.

If potential concrete-related problems are observed, it would be helpful to engage the necessary technical and construction personnel to evaluate and remediate such conditions. A licensed competent structural engineer with experience in concrete repair work can ideally assist in several ways; including but not limited to, (1) identifying the cause(s) of the problem, (2) determining the projected scope and extent of remedial work, (3) preparing the necessary plans, specifications, and project manual(s), (4) assisting in soliciting and evaluating bids / proposals from contractors for such repair work, and (5) supervising and/or overseeing the contractor that is engaged to perform such remedial work.  The engineer’s responsibilities should be established beforehand, typically in and as part of the terms of a contract between the engineer and the condominium.

Hiring a licensed competent concrete restoration contractor and establishing the contract that is to be used with this contractor for such concrete repair work is also important. Among the types of contracts that have been used for concrete repair work are (a) lump sum or stipulated sum contracts, (b) guaranteed maximum price contracts, and (c) unit price contracts.  With respect to “unit price” contracts, the actual contract price is generally based upon the amount of linear, square, or cubic feet of work done. Notwithstanding an engineer’s (prior) estimate, once the damaged concrete is chipped away and one can see what specifically needs to be done, an entity, such as a condominium association that has entered into a unit price contract may, at times, find itself incurring costs that exceed the estimated cost of such work. With respect to “lump sum” or “stipulated sum” contracts the contract price is typically stated in the contract. Nevertheless consideration should be given as to what is and what is not included in this stipulated contract price, and if there are any other provisions (caveats / exceptions) that could nonetheless change this price. A “guaranteed maximum price” contract is, as the name suggests, one in which the price will typically not exceed a certain amount (again presuming no caveats or exceptions apply).  Irrespective of the type of contract that is used, the contracting parties should evaluate all of the terms and conditions of such contract, and be aware of how it affects their respective rights, obligations, and responsibilities.

webmaster

webmaster@bplegal.com

No Comments

Post a Comment