Dispute on mortar testing

Esther1984

Very abridged version. Got driveway and a wall erected in Feb 2019. Five weeks later the wall on the driveway collapsed. The builder came back to assess the damage and it was agreed he would rebuild the wall. He mentioned getting the mortar tested and was agreed via text message if it was deemed too weak that he would lh the costs to rebuild the wall. I went to a third party xjci
Engineering company and got the mortar tested as nothing more was said. We received the report Tuesday which confirms the mortar doesn’t meet EU standards. I gave the report to the builder the day after I received it. He’s now saying that as I sent the mortar without consulting him that he will not be back on site to rebuild . Is it normal protocol that both parties need to be present when mortar is to be sent off? I have asked him to confirm why he won’t be back on site, but need a bit of advice in the mean time as currently left out of pocket and wall-less

Thanks

Heedtheadvice

Very abridged answer...


If the builder had full responsibility from design through to construction and supply of materials then why should he not be responsible? Presumption here he/she did...



Mortar might be the cause as could other reasons (and there might be many!) for the collapse such as inadequate foundations or badly incorrect mortar mix, pressure (if a retaining wall) severe frost damage etc..


All of those need to be catered for in the build.....which the builder did presumably?


As to how you progress a builder acting like a cowboy......

Alfrescodave

He's probably miffed because there is no proof that you actually sent off the suspect material. If you had wanted to be dishonest (and I'm not suggesting that you were) you could have sent off duff material so as to ensure a failure and therefore a free repair.
A better approach might have been, he built it, it failed for whatever reason, he fixes it. Testing the mortar has been a get out excuse for him

Mistral001

Most walls are designed to have fairly weak mortar and rely on their thickness to resist lateral loads from wind.

Esther1984

Thank you for your comments but Would you consider the fact I have got it tested grounds to not return to rebuild the wall as was previously promised in prior texts? He said outright that if mortar was deemed weak he would be willing to pay the costs to rebuild the wall, I still have 9 bag fulls of the crushed mortar if he wishes to test it himself, I had to pay £180 for the independent report, so should I offer to pay for another test?

JimmyChanga

How did the wall collapse - fall over or subside?

Esther1984

It was one sunday (it was a breezy day) and I had a knock on the door from a neighbour and they asked us what had happened to our wall, it had collapsed outwards onto the public pathway next to our drive x

JimmyChanga

Okay. Sounds like the builder is just looking for an excuse not to rebuild. Trying to claim indignation and turn it on you. He asked for it to be tested and you did that. He needs to keep his promises.

robatwork

Mortar testing spurious unless you personally specified, supplied or mixed the mortar yourself. Which is obviously nonsense.

He is responsible but sounds like an expert in avoiding responsibilities.
Time for a letter firmly but politely insisting he must fix it and arrange to do this within 14 days. If he can't do this tell him you will get it fixed and claim the costs from him.

If he fails to respond, letter before action, then court. In the meantime get a quote to reinstate to give you (and him) an idea of costs.

Mistral001

The builder is just ignoring you and it looks that you will have to take court action.

The builder has mentioned mortar strength but mortar strength is on one aspect and as I have mentioned above is unlikely to have been the main reason for the failure. Other reasons are that wall is not thick enough to withstand the wind loads expected on it or that the wall was not adequately propped until the mortar had reached its full strength. The mortar will be quite weak of several weeks after it has been mixed.

Esther1984

Thank you for your advice. I will do this but may have to bend your ear as I go down the legal route which I really did not want to have to do.

Much appreciate folks x