Warranty/

Education

1. Warranty – What We Provide

Pacific SW Construction LLC (“Contractor,” “we,” “us”) warrants to the Owner (“you,” “Owner”) for the following work: installation of concrete flatwork (driveways, patios, slabs, walks) under the contract entered into by the parties (the “Work”).

Scope of Coverage

We warrant that the Work will comply with the contract documents, will be performed in a professional and workmanlike manner, and will use materials that are reasonably suited for their intended purpose.
We warrant that the Work is free from defects in materials and workmanship for the period set out below, subject to the terms and exclusions stated.
If, during the warranty period, you notify us in writing of a defect covered by this warranty, we will at our option repair or replace the defective portion of the Work. Costs of removal or remedial work that are not our responsibility (see Exclusions) are not covered.

Warranty Period

The warranty period begins on the date of Substantial Completion of the Work (i.e., when you reasonably conclude that the Contractor has fulfilled obligations and final payment is due). (See OAR 812-002-0740 for definition) secure.sos.state.or.us+1
For typical flatwork under residential property conditions, the warranty period shall be one (1) year from Substantial Completion for workmanship and materials (unless otherwise agreed in writing).
Any structural defect (for example, a major failure in the slab that is caused by the Contractor’s workmanship or materials) that becomes evident within ten (10) years from Substantial Completion may still be subject to claim under Oregon’s construction defect liability framework (see education section below). Common Sense Institute+1

Owner Responsibilities & Exclusions

This warranty does not cover:

Defects or damage caused by normal wear and tear, misuse, neglect, alteration, improper maintenance, accident, fire or other casualty.
Damage caused by ground movement, settlement (unless caused by our negligent installation), subsurface conditions we were not made aware of, or drainage issues resulting from Owner’s landscaping or site grading.
Damage caused by chemicals, de-icing salts, freeze-thaw cycles beyond the design capacity, or root intrusion unless such conditions were part of our contract scope.
Work performed by others after Substantial Completion without our written consent.
Cosmetic cracking or hairline fissures that are typical in properly installed concrete flatwork under the design and site conditions, unless they affect the structural integrity of the slab (and we have agreed in writing that such cracking is non-typical for the project).
Costs of removal and re-installation of other materials (landscaping, furnishings, fixtures) to access the defective Work unless agreed otherwise in writing.

Claim Procedure

You must notify us in writing (email or certified mail) of the defect, describing nature and location, within the warranty period and as soon as reasonably practicable after you become aware of it.
We will schedule an inspection promptly. If we determine the defect is covered by this warranty, we will arrange for repair or replacement at our cost (subject to exclusions above).
We may require that you grant reasonable access to the Work and suspend use of the area until repair is complete, if necessary for safety or quality.
This warranty is in lieu of any other warranty, whether express or implied, and our total liability under this warranty is limited to the cost of the Work originally performed by us (or, at our option, the cost to repair or replace the defective portion).
This warranty does not limit your rights under statute (including rights under Oregon’s construction defect laws) or contract, except to the extent those rights cannot be waived by law.

Transferability

This warranty is issued to the original Owner of the property as of the date of Substantial Completion. It may be transferred to a subsequent owner only with our written consent, and the transferring owner must provide written notice to us within 30 days of transfer along with the contact information of the new owner.

Governing Law & Dispute Resolution

This warranty and related contract shall be governed by the laws of the State of Oregon. Any dispute arising under or related to this warranty shall first be subject to good-faith negotiation between the parties. If unresolved, either party may pursue mediation or arbitration (as agreed in the underlying contract) or resort to legal remedy in the appropriate Oregon courts, subject to statutory limitation periods (see education section below).

2. Education: What You Should Know About Concrete Flatwork & Your Rights Under Oregon Law

Understanding Concrete Flatwork

Concrete flatwork (such as driveways, patios, slabs) is subject to site conditions, subgrade preparation, drainage, reinforcement/mesh, jointing, and the design conditions for load and use.
Even well-installed concrete will commonly exhibit hairline surface cracking (also called shrinkage cracking) as it cures and adjusts to site conditions. Such cracking is not necessarily a defect unless it affects structural integrity or usability (e.g., large cracks, settlement, heaving, failure to drain).
Proper drainage and substrate conditions are critical: water pooling, improper slope, poor soil compaction, or root pressure can cause slab failure even when the contractor’s workmanship was proper.
You, as the Owner, play a role in maintenance: keeping drainage clear, avoiding de-icing agents or chemical exposure beyond design assumption, and not overloading the slab beyond design capacity.

Your Rights & Contractor Responsibilities in Oregon

Under Oregon law, contractors licensed by the CCB must make a written offer of a warranty against defects in materials and workmanship when constructing a new residential structure or zero-lot line dwelling. OregonLaws+1 Note: this specific statute (ORS 701.320) applies to new residential structures, though many of the principles carry over to improvements and remodels. Oregon Legislature
For new large commercial structures, ORS 701.340 mandates a two-year warranty of the building envelope and penetration components by contractors with “commercial general contractor” level 1 or 2 endorsement. OregonLaws+1
Under ORS 701.143, complaints to the CCB must be filed within certain time frames: for new structures, the earlier of one year after the building is first occupied or two years after substantial completion. OregonLaws
Independent of CCB complaint timelines, Oregon’s statute of repose for construction defect claims sets a hard cap on when legal actions may be brought (often 10 years for many claims) and a statute of limitations (e.g., 6 years for contract claims) after discovery of defect. Common Sense Institute
A contractor’s warranty and correction period (e.g., one-year repair obligation) are not necessarily the same as the owner’s full legal rights. For example, a contractor may have a one-year obligation to correct defects, yet the contractual warranty or legal liability for major defects may last much longer. Daily Journal of Commerce

What This Means for You

When engaging a contractor, ask for their license number (under the CCB), proof of insurance and bonding. scappoose.gov
Make sure the contract clearly defines scope of work, quality standards, site conditions, schedule, payment terms, and what warranty is offered.
Maintain proper site drainage, keep vegetation or roots away from slabs, avoid overloading slabs, and use caution with de-icing salts or freeze-thaw exposure. These maintenance efforts help preserve your warranty coverage and avoid voiding it due to owner neglect.
If you observe a defect (e.g., excessive cracking, settlement, heaving, failure to drain), notify the contractor in writing promptly. Delay may impact your ability to claim.
Even after the warranty period ends, you may have rights under Oregon’s construction defect laws — for example if a major structural defect arises — but you should consult legal counsel promptly because these rights are subject to limitation periods.

3. Final Note

We at Pacific SW Construction LLC are committed to quality workmanship and customer satisfaction. This warranty and educational information are provided to help you understand your rights, our responsibilities, and how we can work together to ensure the longevity of your concrete flatwork. Please review your contract carefully, ask any questions, and keep your documentation in a safe place.

If you need further explanation of any term or provision, let us know — we want you to feel confident and informed.