# Tree guy damaged concrete driveway. How to fix?



## weatheredwood (Aug 9, 2007)

This driveway is only a year old. I told the foreman and the salesman to be careful and not damage the concrete. I didn't want them driving their bucket truck on it. The tried to stay off it with the truck, but then the guy in the bucket just started dropping limbs on the driveway instead of roping them down. One limb caught the edge and cracked it. I called the sales guy and he said he will send someone out to repair it. I'm glad they didn't crack it in the center.

How can this be repaired? What options are there?


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## ront02769 (Nov 28, 2008)

That would be why you hire licensed, insured and bonded people. No worries. Have them fix it. Ron


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## weatheredwood (Aug 9, 2007)

ront02769 said:


> That would be why you hire licensed, insured and bonded people. No worries. Have them fix it. Ron


I did hire a big company to do the work. Unfortunately, I looked at their reviews just now. I see some complaints on not repairing damage or doing shoddy repairs. I'm worried about them just caulking the crack and calling if fixed.

The took down part of the fence to get to a tree. They just beat the cross studs out with a hammer. It was screwed in not nailed. They then nailed it back in, but they didn't know how to use a hammer. They half sunk the 16d nails and then just pounded then in when they bent. I know those were tree guys that did that part. I'm hoping they send a real repair person for the concrete.

I'm guess I'm looking for how to properly fix it, so I can get this resolved/make sure they did it right.


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## stadry (Jun 20, 2009)

quikrete in the yellow bucket - won't be a perfect texture or color match but doing that would be impossible anyway


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## Bud9051 (Nov 11, 2015)

It's always a hassle defining what is acceptable to the home owner vs the work the contractor is going to do. As you said, they are "tree guys" and not carpenters or masons. You need to have the discussion with the company about who is going to fix the problem BEFORE they attempt to patch it.

Both the fence and the driveway need estimates and you should have the option to take a cash payout where you can hire someone to fix it right. 

Personally, I would be talking to both my home owner's insurance company and their insurance company to see who is going to pay for what.

While you are at it, look around for anything else they messed up. Not that you want to get extra picky but now is the time to point out the problems as later will not work.

Bud


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## weatheredwood (Aug 9, 2007)

*How does insurance work for contractors?*

If a company causes damage to your property, can I just contact the company's bonding agency or general liability company directly?


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## kwikfishron (Mar 11, 2010)

*Re: How does insurance work for contractors?*

Threads merged.



weatheredwood said:


> If a company causes damage to your property, can I just contact the company's bonding agency or general liability company directly?


Yes you can but I'd start with a call to your homeowners insurance provider and see what they say. It's possible that they'll pay the claim and then go to the contractors insurance company for reimbursement.


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## Bud9051 (Nov 11, 2015)

Thinking about the concrete while driving to and from town, but if you had to fix this yourself one approach might be to leave the broken piece right where it is. I've repaired many items and when you can get the parts to fit back in place with a good epoxy (or other) the results can sometimes be almost perfect. Those pieces already match the color and texture and with the right adhesive the joint will be stronger than the concrete.

If a pro offered to do this as a solution I think I would take it. Or, if you get stiffed and no one will pay then it could be a reasonable DIY.

And Ditto on what Quick said.

Bud


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## weatheredwood (Aug 9, 2007)

The sales guy has been giving me the run around. I talked to him today and he said someone would be out today or tomorrow.

I was reviewing the contract and it has some clauses in it. It says that they do not repair concrete unless it is on the outer edge (mine would qualify). It is just a clause that tries to get them out of paying. In my case, it is their workers carelessness that caused the damage. This was some unavoidable accident. They cut a huge oak tree lead all in one shot to save time.

Another clause says they reserve the right to use their own repair man. They state that this is due to price gouging and unethical contractors.They also say that they can repair the damage out of pocket and not go through insurance.



I called a concrete repair company and they stated that the whole section (between control lines) should be replaced. He said he could caulk it, but it would look bad.

I like the epoxy idea, but I do not know who they are going to send. I hope it is not a guy with a bag of concrete.

How do you guys think I should handle this? I did charge it on a credit card. I could file a chargeback. I'm worried about contacting my homeowners policy. I don't want my rates to increase. I know it isn't my fault, but car insurance goes up even if you are not at fault. Should the whole section be replaced (8x12) or would you accept a repair. I probably wouldn't care as much if the driveway was 20 years old. It's only a year old.


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## stadry (Jun 20, 2009)

' It is just a clause that tries to get them out of paying. ' that's YOUR opinion only - in this case, the contract rules

no reputable conc company is going to say the whole slab must be removed nor would any small claims court judge agree,,, take 'em to court - its easier & cheaper

you won't be made whole but it'll be better'n a sharp stick in the eye & faster,,, then hare your own guy repair it,,, OR get some rapid-set in the yelow bucket & diy,,, as this forum is for diy'ers, you may wish to post this on handleandthelaw-you'vegotnocase.com instead

call you cc co, too,,, 1 yr from now you'll drive by it & not even see it


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## MTN REMODEL LLC (Sep 11, 2010)

I realize that that is a new driveway, and right now that is a glaring to you imperfection..... but honest, it is pretty minor.

When pieces break away "clean"......like your's appears to have done..... I'd clean out the dirt and glue it.

You get a perfect match .....new concrete/mortor would not match nor would you get a good bond.

On my cement tile roof, I end up getting many cracked tile over time...( hail, sometimes walking on, tree limbs, freezing issues).

I have great luck with polyurethane glue (like Gorilla). It will expand, so you have to clamp or wedge the pieces tight.... let it set 24 hours... scrape off the squeeze out. I've not had one tile resplit over probably ten years.

Epoxy may work fine also... never tried it.

Would it be strong enough to drive over.... probably if that is just a surface crack..... if a full 4"piece of slab.....probably not... so probably avoid doing so.

Good luck....


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## Canarywood1 (May 5, 2012)

If it were mine, i'd do it myself with epoxy, cause that's when you'll get the neatest repair job, you more than likely won't be happy with the repair someone else does.


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## fireguy (May 3, 2007)

If the people you hired are really licensed, bonded, insured, you should contact whatever state agency governs contractors. If you cannot find the state agency, call another tree service and ask them for the information. Legitimate contractors do not like those who are not following the rules. 

You probably have a time frame to make a complaint. Miss the time frame and you have no recourse. If you hired a non-licensed contractor, you have no recourse.


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## MTN REMODEL LLC (Sep 11, 2010)

If you must..get a good attorney....

(One who knows how to mix two tubes of epoxy...:surprise


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## BIG Johnson (Apr 9, 2017)

*Re: How does insurance work for contractors?*



kwikfishron said:


> Threads merged.
> 
> 
> 
> Yes you can but I'd start with a call to your homeowners insurance provider and see what they say. It's possible that they'll pay the claim and then go to the contractors insurance company for reimbursement.



Lumber yard spilled hydraulic fluid all over 3 day old garage floor, they refuse to give me insurance info..do you think if I turned it over to my (commercial) insurance that they'd pay for the damage then go after the lumber yard? I threatened to sue but that's a PITA.


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## weatheredwood (Aug 9, 2007)

stadry said:


> ' It is just a clause that tries to get them out of paying. ' that's YOUR opinion only - in this case, the contract rules


That's not true. There is a whole field that deals with contract law. A contractor can not exculpate themselves from damage in cases of negligence. There are also things like type print and whether items are in bold that can come into play. Just because something is in a contract does not mean it is enforceable.[/QUOTE]



stadry said:


> no reputable conc company is going to say the whole slab must be removed nor would any small claims court judge agree,,, take 'em to court - its easier & cheaper


I've actually experienced the opposite. Contractors aren't recommending a repair and will not warrant any repair.


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## weatheredwood (Aug 9, 2007)

fireguy said:


> If the people you hired are really licensed, bonded, insured, you should contact whatever state agency governs contractors. If you cannot find the state agency, call another tree service and ask them for the information. Legitimate contractors do not like those who are not following the rules.
> 
> You probably have a time frame to make a complaint. Miss the time frame and you have no recourse. If you hired a non-licensed contractor, you have no recourse.


I think the only licensing tree service requires is a basic business license. I'll call the city where the work was done to see if they have any additional information.


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## 123pugsy (Oct 6, 2012)

Your damage is bigger than the chunk that's broken off. The crack that's starting needs to be knocked out as well and appears to be going right in towards the center.

I'd say the whole slab needs replaced.

Or, am I seeing things that are not there?


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## BIG Johnson (Apr 9, 2017)

weatheredwood said:


> I think the only licensing tree service requires is a basic business license. I'll call the city where the work was done to see if they have any additional information.



Depending on your state, you need a contractors license to draw up valid contracts. contracting without a license is actually a crime. And I'm not talking about a $10 business license with your city or county.


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## weatheredwood (Aug 9, 2007)

123pugsy said:


> Your damage is bigger than the chunk that's broken off. The crack that's starting needs to be knocked out as well and appears to be going right in towards the center.
> 
> I'd say the whole slab needs replaced.
> 
> Or, am I seeing things that are not there?


There is a hairline crack that goes around the bigger crack. The cracked area is bigger than the picture portrays. It is around 30 inches. I'll have to look to see if there are any hairline cracks going anywhere else.

They no showed for a third time yesterday. They told me they were coming out Monday/Tuesday and then Thursday/Friday. They then told me on Friday that they would definitely take care of it Monday.

They were punctual when coming out to do the tree removal and stump grinding, so I think they are just giving me the runaround.


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## kwikfishron (Mar 11, 2010)

Have you discussed this with your homeowners insurance provider yet?


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## weatheredwood (Aug 9, 2007)

kwikfishron said:


> Have you discussed this with your homeowners insurance provider yet?


No, not yet. I'll give my agent a call. I'm just worried about my rates going up. I tried calling the city, but they said the company hasn't pulled a permit in years. They were supposed to pull a permit for my job due to the diameter of the tree. 

The slab (between control lines) would only be 75sqft, so it wouldn't be a huge cost for them to replace it. It would likely cost 1/3 of the cost that I paid for the tree service.


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## kwikfishron (Mar 11, 2010)

weatheredwood said:


> No, not yet. I'll give my agent a call. I'm just worried about my rates going up.


The call is just to get some guidance on the matter. That in itself is not going to raise your rates.


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## MTN REMODEL LLC (Sep 11, 2010)

kwikfishron said:


> The call is just to get some guidance on the matter. That in itself is not going to raise your rates.


KWIK.... That may not be correct... as we had an issue in Colorado at least where inquireys were being booked and may have an affect on rates. May have been isolated to one company, and I never saw the outcome of the issue.

(However, the OP's agent can probably advise the insured as to the practice of the insurance company involved)


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## kwikfishron (Mar 11, 2010)

MTN REMODEL LLC said:


> KWIK.... That may not be correct... as we had an issue in Colorado at least where inquireys were being booked and may have an affect on rates. May have been isolated to one company, and I never saw the outcome of the issue.
> 
> (However, the OP's agent can probably advise the insured as to the practice of the insurance company involved)


Clearly the contractor is at fault (assuming there's no legal weasel clause). Presumably the contractor has liability insurance to cover damages that they have caused. If a homeowner with damages to their property does not know how to proceed then I'd think a call to their agent asking what they should do would just be basic due diligence. Are you saying that the call for advice could possibly raise the rates?


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## weatheredwood (Aug 9, 2007)

kwikfishron said:


> The call is just to get some guidance on the matter. That in itself is not going to raise your rates.


Thanks. I just sent my agent an email to see what my options are.


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## weatheredwood (Aug 9, 2007)

Someone repaired the driveway last Thursday or Friday while I wasn't there. I'm not sure if they broke out the broken pieces or just topped it with some concrete. They tried to brush the top for a broom finish texture, but it did not last past the first rain. The picture below is from today (a week after the repair). I still haven't attempted to drive over it yet.


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