Did you know that disputes over incorrect readymix concrete deliveries can be complex and costly? When large sums of money are involved in removing or
Did you know that disputes over incorrect readymix concrete deliveries can be complex and costly? When large sums of money are involved in removing or remediating already set concrete, resolving claims efficiently becomes crucial.
Many believe that testing before, during and after delivery is the ultimate safeguard for quality assurance. However, other critical factors also play a role in determining liability and ensuring the success or failure of a claim against a readymix manufacturer.
Concrete-related disputes can quickly turn into a blame game due to differing interpretations of standards, legislation and testing methods. To prevent misunderstandings it is vital to work with written specifications that outline the exact mix ingredients, required strengths and other key factors.
Reputable concrete suppliers should adhere to industry codes of good practice while ensuring a clear paper trail and necessary test results to verify compliance. It is also essential for readymix companies to strictly follow these specifications and perform all legally required tests to avoid potential disputes.
A smooth working relationship between the supplier and customer is just as important. Deliveries must be timely and a prepared workforce should be on-site to handle the concrete correctly upon arrival. While anyone can mix concrete, quality assurance is far more reliable when working with properly accredited suppliers who undergo regular audits.
Did you know that no claim will hold up without proper documentation? Treating any dispute as if it were a legal case from the outset can help prevent matters from escalating to court.
A valid claim requires a specification and proof of breach. If specific requirements are needed they must be clearly stated upfront otherwise proving non-compliance becomes difficult. In any dispute all involved parties including the customer, contractor and readymix supplier must be included in the resolution process. Costs cannot be escalated unfairly nor can delays be used to shift financial burdens.
Most readymix suppliers include disclaimers that protect them from consequential losses. As a result claims are generally limited to direct losses resulting from faulty concrete and only when all other remedial options have been explored.
Did you know that concrete testing requires highly specialised procedures? These must be meticulously controlled to ensure a claim’s success. The burden of proof rests with the claimant who must demonstrate beyond reasonable doubt that the delivered concrete does not meet specifications.
All tests must be conducted according to South African Bureau of Standards (SABS) procedures. Factors such as curing conditions, temperature control and correctly calibrated testing apparatus play a significant role. Failure to adhere to these procedures will likely result in the dismissal of a claim.
However, disputes can often be avoided altogether by agreeing on clear specifications, following proper testing methods and implementing best practices. If issues arise all parties should work towards resolution before considering legal action.
Did you know that with the right approach concrete disputes can be managed efficiently, saving time, money and resources?
