ACPA Quarter 3 2018

www.acpa.org Quarter 3, 2018 19 C O N C R E T E P A V E M E N T C R A C K I N G 1. ALL concrete cracks. Cracking is an expected performance characteristic of concrete that is both well designed and properly constructed. “All concrete structures cracks.” That is wh y concrete pavement is designed to control cracking. A fundamental of jointed concrete pavement is to introduce a jointing system to control the location of the expected cracking. Cracking only becomes a problem if it does not occur at the planned locations (i.e. contraction joints). When unplanned or random cracking occurs, it can compromise the aesthetic and structural integrity of concrete. There are many reasons why random cracking occurs. This includes: • Saw Cutting • Weather • Mix Design • Joint Spacing • Dowel Alignment • Subgrade Support/ Drainage • Paving Surface • Pavement Thickness • Restraint Induced As can be seen from the above, random cracking can be caused by how the pavement is designed as well as how it is constructed. Given this, the legal question is whether contractors should be required to repair the cracking. 2. A contractor should not be required to repair random cracking if it has followed the engineer’s design. Before the turn of the 19th century, contractors were generally responsible for all construction risks unless the contract provided otherwise or an Act of God made the work impossible to perform. Courts subsequently carved out exceptions to this law. Probably the most important exception was development of the implied warranty of the adequacy of the plans and specifications. The United States Supreme Court first articulated this exception. In the case of United States v. Spearin, the Court held: [I]f the contractor is bound to build according to plans and specifications prepared by the owner, the contractor will not be responsible for the consequences of defects in the plans and specifications. This responsibility of the owner is not overcome by the usual clauses requiring builders to visit the site, to check the plans, to inform themselves of the requirements of the work, . . . and to assume responsibility for the work until completion and acceptance. Most states have subsequently adopted this rule of law in some form. As a consequence, if random cracking occurs notwithstanding that the contractor followed the engineer’s design, the contractor should not be required to repair the random cracking. This is true even if the contract says or suggests otherwise. While it is industry practice for contractors to repair cracking at their own expense, the question is whether contractors should do so. continues on page 20 »