Discussion in 'Hardscaping' started by kylaroy, Sep 29, 2009.

  1. kylaroy

    kylaroy LawnSite Member
    Messages: 1

    My husband and I own a landscape company in virginia. We recently installed a $12500.00 NICOLOCK paver wall for a residential customer. Though they are "thrilled" with our workmanship, and all of their neighbors have called us for work to be done since the wall went up, they are refusing to pay the final $4500. balance due because of the efflouresence that has appeared on the pavers. We are at a loss. We have scrubbed the pavers, have had a NICOLOCK rep meet with the customer and nothing has been resolved. Any thoughts from any one would be greatly, greatly appreciated.
  2. ppl

    ppl LawnSite Member
    Messages: 82

    acid wash and then seal
  3. DVS Hardscaper

    DVS Hardscaper LawnSite Fanatic
    Messages: 6,627

    I have no idea to to advise for this.

    I would say that Nicolock needs to do something to make the problem right. Who was the rep that looked at it? Your job is to build a wall that will last. Nicolock's job is to make a product that will not degrade property values.

    In terms of final payment. Did you perform the work as specified in the contract in a satisfactory manner? Did you do exactly as promised in the contract? If so, the client is legally obligated to pay you, presuming you have a VA Contractor's license. They are obligated to the contract because you fulfilled the contract. The contract should have stated the brand, the color, and the name of the wall material to be used. This establishes what's called in the legal world "meeting of the minds". In other words, they knew what they were getting, they accepted it, you did as promised.

    I would call the manager at Nicolock and very politely, yet sternly ask that they supply a cleaner and that they come to the site and assist in cleaning their block. Explain that the homeowner is holding money because of an issue with their product.

    See, I have a clause on the back of our contract that addresses efflouresence.

    Also, did the client spec the materials, or did you introduce them to Nicolock??

    Ya know, a few weeks ago I did lunch with reps from another manufacturer in MD. they were talking about how some of their product was defective. Not only did they replace the material......they also paid a contractor for their labor to take it up the bad, dump the bad into a roll off dumpster (supplied by the manufacturer) and lay new.....

    Last edited: Sep 29, 2009
  4. Bru75

    Bru75 LawnSite Senior Member
    Messages: 582

    Sounds to me like the efflouresence is just an excuse to keep from paying.
    It should not be that hard for them to understand that efflouresence is not a big deal and will go away in time.
    It's time to call your lawyer.
  5. DVS Hardscaper

    DVS Hardscaper LawnSite Fanatic
    Messages: 6,627

    Same thing went through my mind. I've been hearin quite a few stories this year about clients weaseling their way out of paying. A good efflouresence cleaner outta clean it up. What did you "scrub" it with?

    Many manufacturers have a clause in their catalogs addressing efflouresence, not sure what Nicolock has in their catalogs.

    I realize this doesn't help the problem now, but food for thought: We collect many draws for our work. On a 12,000 to 15,000 dollar job, I usually collect around 4 draws (including the final payment) at specified phases of the project, strategically dwindeling the balance down so that at the end the client would probably owe us around $1,500.00 - $2,000.00. This way, assuming you did a perfect job, and the client drums up some bogus excuse to hold money - the amount they try to hold is minimal. I'm not gonna subsidize someone's dream by not taking draws. We do good work. If there's a problem let's communicate and talk about. As long as a client is behaving level headed and reasonable - they're more or less going to get their way.

    Last edited: Sep 29, 2009
  6. Paver Gangster

    Paver Gangster LawnSite Member
    Messages: 144

    Need to know more.

    Did the efflorescence develop after you installed the pavers? If so how long after.

    Or did you install the pavers with the efflorescence on them?


    If this is indeed efflorescence, technically the manufacturer is under no obligation to offer redress.

    What did the manufacturers rep tell you?

    What did you scrub the pavers with? Hopefully not muriatic acid.

    Are they antiqued or pavers with Paver Shield?
  7. CertPro

    CertPro LawnSite Member
    Messages: 139

    You should have educated the client pre-install letting them know about the probability that efflo will be present. Had this been done you would not be having this issue. The second issue is using Nicolock. They should man up on this
  8. DVS Hardscaper

    DVS Hardscaper LawnSite Fanatic
    Messages: 6,627

    Well Said, Chris.
  9. 02DURAMAX

    02DURAMAX LawnSite Gold Member
    Messages: 3,801

    Acid wash and you should be good to go!

    you may spend $250 in Nitric acid. beter than loosing 4k!
  10. DVS Hardscaper

    DVS Hardscaper LawnSite Fanatic
    Messages: 6,627

    looks like kylaroy has left the building....

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