Disputes arising from incorrect readymix concrete being delivered to a customer’s site can be tricky, particularly where large sums of money are required to remove or remediate concrete that has already set.

Testing before, during and after delivery is usually seen by both parties as a fail-safe method of ensuring quality, but other factors can play an equally important role in deciding liability and ensuring the success or failure of a claim against a readymix manufacturer.

Claims expert Jacques Smith of Go Consult explains that the claims procedure is not always a straightforward process. Often, claims worth millions of rand are lost by either party due to the smallest of technicalities.

Detailed advanced agreements

Concrete claims can become a minefield of blame with different interpretations of standards, legislation and testing methods. However, provided the readymix company is reputable and is a member of the Southern Africa Readymix Association (Sarma), it will be governed by codes of good practice and should be able to provide a paper trail and relevant tests to indicate compliance with a customer’s requirement.

It is always preferable to work to the written specifications of a client, in which mix ingredients are discussed, as well as horizontal and vertical strengths and other requirements being stipulated. Readymix companies should not deviate from these requirements, and need to ensure the necessary tests are conducted and recorded as required by law.

A good working relationship should also be established in order to ensure deliveries arrive on time and that an appropriate workforce is ready to receive the concrete when it arrives on site. While anyone can buy a concrete mixer and begin mixing concrete, it is important to remember that only Sarma-accredited members are audited for quality and are less likely to deliver poor quality products in the first place.

Serious matters

General principles to remember are firstly, that no claim will stick without the necessary paperwork, and secondly, always treat any dispute as a court case – then it probably won’t go to court. “There must be a specification and proof of breach,” says Smith. “If you require something special, specify it; otherwise you have no proof of breach. If you do have proof then the next step is to be involved in every process. Nobody, including the customer, contractor or readymix supplier can be excluded from the process. Costs cannot be chased up, nor can the process be delayed so that losses can be mitigated.”

“Readymix companies usually have a disclaimer that protects them from consequential losses. Claims therefore can usually only be made for direct losses as a result of faulty concrete, provided that all other remedies have been exhausted,” Smith adds.

Strength investigations

Concrete testing comprises highly specialised procedures that need to be carefully controlled in order for the claimant to be successful. The burden of proof remains on the customer to prove beyond reasonable doubt that the concrete is not according to specification.

All tests must therefore be conducted correctly according to the South African Bureau of Standards procedures. Attention must be paid to curing, temperature control and apparatus, which needs to be working correctly and must have been calibrated as per requirements. Failure to follow these procedures will almost certainly lead to the case being thrown out.

“However, all this can (and should) be avoided in the first place by agreeing on specifications, correct test methods and best practices. If problems are still encountered then parties should work tirelessly to resolve issues before going to court,” Smith concludes.