- 1.7 - Acceptance of structure
- 1.7.1 General - Completed concrete work shall conform to applicable requirements of this Specification and the Contract Documents.
- 126.96.36.199 Concrete work that fails to meet one or more requirements of the Contract Documents but subsequently is repaired to bring the concrete into compliance will be accepted.
- 188.8.131.52 Concrete work that fails to meet one or more requirements of the Contract Documents and cannot be brought into compliance may be rejected.
- 184.108.40.206 Repair rejected concrete work by removing and replacing or by reinforcing with additional construction as required by the Architect/Engineer. To bring rejected work into compliance, use repair methods that will maintain specified strength and meet applicable requirements for function, durability, dimensional tolerances, and appearance as determined by the Architect/Engineer.
- 220.127.116.11 Submit for acceptance the proposed repair methods, materials, and modifications needed to repair the concrete work to meet the requirements of Contract Documents.
- 18.104.22.168 Contractor will pay all costs to bring concrete work into compliance with requirements of Project Specification.
Advice for the wary contractor
Check contract documents to make sure there are no contractual obligations for you to search for defects that aren't apparent. If ACI 301-05 is the specification cited, note the following sections, which indicate testing services, the costs for which are not borne by the contractor.
22.214.171.124. Additional testing services - When required by the Architect/Engineer, the Owner's testing agency will perform the following testing services at no cost to the Contractor:
- Inspect the concrete batching, mixing, and delivery operations;
- Inspect forms, foundation preparation, reinforcing steel, embedded items, reinforcing steel placement, and concrete finishing and curing operations;
- Sample concrete at point of placement and other locations as directed by the Architect/Engineer and perform required tests;
- Review the manufacturer's report for each shipment of cement, reinforcing steel, and prestressing tendons, and conduct laboratory tests or spot checks of the materials received for compliance with specifications; and
- Other testing or inspection services as required by the Architect/Engineer.
The last bulleted item would apply to the testing for voids in the slab on deck or thin spots in a slab on ground.
Section 126.96.36.199 of ACI 301.05 indicates testing services that the contractor is to pay for, as follows: 188.8.131.52 Other testing services as needed - The Contractor shall pay for the following testing services performed, when necessary, by the Owner's testing agency:
- Additional testing and inspection required because of changes in materials or mixture proportions requested by the Contractor; and
- Additional testing of materials or concrete occasioned by failure to meet specification requirements.
Note the underlined portion of the second bulleted requirement. This portion may hold you responsible for testing costs even if no evidence was found after the initial specification noncompliance was discovered and repaired.
If the engineer, owner, or general contractor wants further testing, they should pay for it. If evidence of other specification nonconformance is found (and confirmed when concrete is removed) contractors would be obligated to pay for the repair and the portion of the testing that resulted in discovery of the nonconformance. For instance, if an impact-echo device was used to survey the entire slab on deck and only one square foot of defect was found in the 10,000 square feet surveyed you would pay for the repair of the 1-square-foot defect, but your portion of the survey costs would be 1/10,000 of the total testing cost.
To reinforce this opinion, here is a section of an excellent contract document that describes the Contractor's Responsibility for Testing Laboratory Services:
Tests for Suspected Deficient Work: If in the opinion of the Owner, Architect, or Engineer any of the work of the Contractor is not satisfactory, the Contractor shall furnish and pay for all tests that the Owner, Architect, or Engineer deem advisable to determine its proper construction. The Owner shall pay all costs if the tests prove the questioned work to be satisfactory. [Emphasis ours]
Ideally you can bring the ASCC-NRMCA checklist to the pre-construction meeting. Then you reduce the chances of being stuck with paying for the rods, bait, and time spent fishing when no fish are caught.