Mickelson Concrete Co. v. Contractors' State License Board

Opinion

EVANS, J.

Plaintiff Mickelson Concrete Company (Mickelson) appeals from a judgment (order denying petition for writ of mandate) entered after the superior court, exercising its independent judgment, determined the evidence supported the finding of the Contractors’ State License Board that Mickelson violated sections 7109 and 7113 of the Business and Professions Code.

In November 1974, Michael Goff of Custom Exteriors, Inc. contracted with plaintiff for construction of a concrete slab at the Bowen Ranch in Colusa County; Mickelson verbally agreed to supply all labor for $1,148. Mickelson inspected the work site and was satisfied that the property was properly graded. He poured the slab and used wire reinforcement on the apron (front portion) of the slab but did not use expansion joints. Mrs. Bowen was initially satisfied with the slab but soon noticed large puddles of water and cracks; she was handicapped and used a “walker” and couldn’t get to her car because of the condition of the slab. She complained to Goff; and Goff, Mickelson, and others met her at the ranch. Mrs. Bowen wanted the old slab either torn out and replaced or poured over with a second slab. Goff thought a “pour over” would cure the defects, and Mickelson agreed. Mickelson claimed he informed Goff and Bowen that a pour over was not a proper solution, that the “high spots” in the slab should be ground and a slurry applied for the best results, that he prepared an unsigned contract in order to absolve himself of any responsibility for doing the repairs in the manner ordered by Bowen and Goff. Goff admitted Mickelson attempted to have him sign a

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contract absolving Mickelson of further responsibility; however, he did not believe Mickelson mentioned the pour over as an unworkable solution or that he would not do the job. Mickelson did the pour over, but the result was worse than the initial slab.

Goff requested further repair work from Mickelson but Mickelson said he was having trouble with his bond and would not do anything until the bond was reinstated. Goff attempted a subsequent contact with Mickelson but was unsuccessful. He then hired Clyde Lauck to repair the slab at a cost of $4,531.75.

Lauck, a cement labor foreman, observed the Mickelson slab held standing water and was badly cracked. There were two layers of concrete; the top layer was one and one-half to two inches thick. It was not bonded correctly to the bottom layer (water separated the two) and broke “real easy.” When Lauck took out the bottom layer he determined it was of random thickness ranging from three and one-half to eight inches—this indicated little if any finished grading was done before the concrete was poured. In his opinion the work did not meet accepted trade standards for good and workmanlike construction; it was not properly graded, there were no expansion joints, and it was badly finished. The slab was badly cracked, and most of the cracks could have been avoided by the use of expansion joints. No complaints were made as to the slab which he installed.