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I agree with HD. The other possible alternative is to sand down the whole driveway and then put a sealer on it. Won't be perfect. You may have a hard time getting him to tare it out and start over. I'm betting taking him to court would be cheaper for him than a re-do. He might be able to drag this out for some time and then maybe going bankrupt and you get nothing.
 

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You know what ... your arrogance and attitude are beginning to wear on me. Too bad you aren’t half as smart as you think you are.

Losing Your Right to Recover: The Risks of Firing a Contractor for Deficient Work - Pushor Mitchell LLP

The common law imputes an implied condition into all construction contracts that the owner will not prevent a contractor from accessing the worksite. Where an owner denies a contractor access to the worksite, he or she is repudiating the contract, thereby releasing the contractor from any obligations under the contract which would include completing work and repairing deficiencies.

In other words, by depriving Mr. Jozsa the opportunity to remedy his work, Ms. Sebazco was depriving herself of the right to seek damages for the defective work. Generally, if an owner is dissatisfied with a contractor’s work, the appropriate course of conduct is to document the deficiencies, make a demand for the contractor to address the deficiencies and allow the contractor reasonable and necessary access to make the repairs.
I think the OP is more right than wrong, legally.

I have not seen the work in total, but for the sake of argument let us assume that the consensus is accurate that the work is very poor. Its hard to "adjust" concrete and OP's position that the only acceptable remedy is tear out and re-do might be found to be reasonable. At that point, does the original contractor have a "right" to be the one who re-does the job ? Probably only if it says so in the contract.

However, I think the conclusion might be different if the contractor could convince the judge that the driveway could be "fixed" with a remedy simpler than ripping it out and starting over.

 

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Nobody should be forced to accept a subpar jobs that don't meet a minimal acceptance levels.
Why should the OP?
 

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I think the OP is more right than wrong, legally.
The problem is that quality is a subjective thing. The contract was for a concrete driveway ... he got that. I read that he wanted a broom finish ... got that too. Crack control joints ... they are present. So unless he can point out specific faults, he is going to have a difficult time convincing the judge that he deserves a complete re-do. And ... i bet the contract includes an arbitration clause, which is going to really mess with the situation.

I’m not taking the side of the gc, and i’m not saying the job is completely acceptable. What I am saying is ... it’s a difficult and complicated situation, and just because he is not satisfied doesn’t mean he gets what he wants as a solution.

Suppose you bought a new car. A week after you take possession the transmission starts acting up. Can you take it back and demand a complete refund, or a new vehicle? No, the dealer has the opportunity to correct it.
 

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Don't reward the contractor for poor work. You are the owner, so you are king! If your not satisfied, don't pay. If he puts a lien on your home, sue him in small claims court. Get a second professional concrete finisher to look at and evaluate the finished job. Should be no cracks during cure. A crack during cure...probably substandard concrete. I once had a contractor, who refused a truckload of concrete because the driver was late, and the concrete was starting to "chunk up", meaning it was starting to cure. The driver was furious, but the concrete if used would have been substandard, and probably not allow enough time to place and finish. I agree, with the 6 sac cement per yd concrete, is best for drives and walks, so you get a good seal coat on top. The other main concern is the slab/walk flat? Some of those visual defects will not be seen after the concrete is fully cured, but wave joints will be there forever, and you will see them every day, regardless of what neighbors see/think. It looks to me like the concrete was too wet (low slump) and a hurried finish job, and /or over finished, pulling too much moisture to the top.
 

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I wouldnt be surprised if a judge would make both parties take a partial bath,as in granting the homeowner a big discount on the cost. Cant see either side getting the whole enchilada. Yea it has flaws, but it is a new driveway even if it is from the scratch and dent sale. Guess it depends on what kind of mood the judge is in. See if you can get an appraisal for a redo and explain the situation ,if not that tells you something. With any luck you will never hear from him again to collect for it ,and if you cant live with it, get a redo. I made the mistake once of offering the trowlers a beer before they were done with my garage floor. Looks kind of like these pictures .
 
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