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Concrete Repair — Liabilities and Warranties: What An Owner Needs to Know

Author

Jay H. Paul

Jay H. Paul, S.E., is the CEO of Klein and Hoffman, Inc., Chicago, Illinois, where he heads the restoration engineering group. He has over 17 years experience in the evaluation and repair of concrete structures. Mr. Paul serves on ACI Committee 546, Repair of Concrete, which is currently involved in developing a new repair guide.

Concrete repairs don't end with a patch or membrane. Just as there are many considerations that go into deciding how to handle a repair, there are often as many expectations about the solution. That's why an owner needs to know what he's buying. It is the responsibility of the Engineer or Architect (A/E) to educate the Owner early in the process.

Understand the Problem
Problems are often due to multiple causes. This is particularly true of water infiltration problems, especially on high-rise buildings. Possible reasons might include one or more of the following:

Entry through cracks on slab edges.
Defective windows.
Entry where spalls extend into wall construction.
Masonry panels with defective or no flashing.
Cracks in masonry panels.
Open mortar joints in masonry.
Failed caulking.
Faulty air-conditioning sleeves (for residential buildings).
Entry through cracks on balconies (for residential buildings).
All of the above.

An investigation by an A/E will produce a complete overview of the situation and recommendations designed to achieve the best result. Occasionally, an owner may choose to skip the investigation and use a contractor to establish the repair program. Whatever the circumstances, the owner must know that unless they deal with all of the defects, problems may still exist even after the completion of the repair program.

Discuss the Solutions
The nature of the actual repairs should be fully described. Good communication about repair alternatives can go a long way towards preventing misunderstandings and unrealistic expectations.

On garage restorations, if a patch job is chosen instead of an overlay, be aware that the consequences include poor appearance, as well as a short life span. An A/E should indicate, prior to construction and preferably in writing, the anticipated life of the work. In some cases, the Engineer may go so far as to say a failure might and probably will occur around the perimeter of the patches, and that this will not necessarily be the fault of the contractor or material manufacturer.

Future problems with repairs on high-rise facades also exist. As an A/E, it is our policy to inform owners that concrete repairs have a finite life. This can occur long after all the warranties have expired. Thus, because the potential failure of a patch on a high-rise can pose a serious public safety problem, good concrete repair techniques will include supplemental reinforcement, usually stainless steel, to anchor a patch.

It is also important that owners of a high-rise structure be apprised that even though that building has been repaired, future maintenance on a regular basis is required and will include concrete repair. The A/E cannot walk away from a project at completion without at least letting the owner know of his responsibility for future maintenance.

Learn Who Does What
Understanding the responsibility of each team member in the construction process is important. The A/E identifies problems, recommends solutions, provides documents to implement the work and observes the construction for compliance to those documents. They do not do the work. Instead, they represent the owner during and throughout all phases of the work.
The A/E does not and cannot warranty the construction. The warranty is provided by the contractor, who does the work and/or by the manufacturer who provides the materials to do the work. The A/E may specify warranty requirements and standards that must be met but cannot warranty the actual work. The A/E can be held accountable for the material selection or repair techniques if the specified methods are not consistent with generally accepted engineering standards for a particular problem at the time the work is done.

Get It In Writing
To avoid problems and to protect the owner as well as the contractor, manufacturer and A/E, Engineers provide certain language in specifications to clarify and assign responsibility. Under the "Guarantees and Warranties" Section, time limits, accountability and work covered should be clearly stated.

Graphic representation of both new and old repairs are another important aspect of protecting the owner by assigning responsibility. A/E's should stipulate that all new repairs be recorded along with old concrete patches that are to remain. Such information is highly valuable when the contractor must make corrections or changes in the guaranteed work.

To insure the desired result, specialty products, such as elastomeric coatings, may require language that confirms both the manufacturer and contractor have a record of successful experience with the item. Enlisting the involvement of the manufacturer further improves the chances of a successful repair program. The A/E can ask for written certification from the manufacturer that they (in the case of an elastomeric coating):

Are familiar with the project and aware of job conditions.
Agree with the intended use of the product as specified.
Will assist the Contractor to insure a quality application, including approval of coating compatibility with all sealants and concrete repair materials and that the quantity of materials will accomplish the intended result.
Approve the method and degree of surface preparation, including detailing of cracks.

Special Considerations
The standard one or two year warranty period in specs usually works well. Good repairs will not fail that quickly. However, there are certain products where the warranty period is much longer. The warranty period for protective coatings is usually 5 years and sometimes 10. They can also contain very precise warranty requirements as in the following example for an elastomeric membrane:

Provide to the owner a 10 year material and labor warranty for water-tightness and a five year material and labor warranty against peeling, cracking of coating over existing cracks, chalking and excessive fading. Warranty to exclude failure of the underlying substrate to which the paint is applied, such as peeling of old paint which could not be reasonably removed during preparatory work or failure of concrete patches.

Warranties are not always watertight. Often, there are factors that can relieve the manufacturer or contractor of responsibility. Factors that may very well be reasons for voiding the warranty include failure of the substrate, failure of bond of an existing coating below new coating, cracks that are new and were not there when work was done. A good set of specifications should account for factors such as these and assign responsibility to protect the owner. Swing-State Scaffolds When issues regarding repairs arise during the warrantee period, the A/E will review them. If they deem it necessary, a swing-stage scaffold will be used to inspect and repair the alleged defect. It is agreed by the owner and contractor that the A/E shall determine if the defect was under warrantee or not. We take the following approach when assigning the cost of the scaffold:

Swing-State Scaffolds
When issues regarding repairs arise during the warrantee period, the A/E will review them. If they deem it necessary, a swing-stage scaffold will be used to inspect and repair the alleged defect. It is agreed by the owner and contractor that the A/E shall determine if the defect was under warrantee or not. We take the following approach when assigning the cost of the scaffold:

The contractor bears all costs associated with the swing-stage scaffold if there is a defect in the work performed by that Contractor.
The Owner pays if another problem unrelated to the contractor's work is the reason for the drop.

In some instances both warranty work and additional repairs are performed. In this case, the scaffold costs are often shared by the Owner and Contractor.

Conclusion
We have discussed only a portion of what might be considered in a set of specifications covering guarantees and warranties. As engineers, the intent of our approach is to inform, and thereby, protect the owner. More importantly though, it is intended to prevent problems by developing a team approach. Proper communication and shared expectations create an environment for success.