Cracked Concrete...Who Pays?

EL PASO - Ray Rocha and his wife Erica moved into their new home in east El Paso in December. They contracted Saul Garcia and his landscaping business, Los Jardines, to take care of several projects including a rock wall and a concrete slab in the backyard. The Rochas had done business with Los Jardines several times in the past and had been satisfied with the work. But, about a month after the concrete was poured, cracks began to appear in the concrete, including a big crack across the entire slab. When Los Jardines and the Rochas could not come to an agreement about how to repair the damage, that's when Ray Rocha contacted our newsroom.

Garcia says the damage is due to a problem with the type of soil on the property. He says clay under the surface expands when it becomes wet, which can distort the concrete, leading to cracks. The Rochas say that Los Jardines should have anticipated the problem and checked to make sure the soil type was appropriate for the project. The landscaper says that he had no way of knowing about the problems with the soil, and it is not their responsibility. There was no warranty on the work.