Already cracked sidewalks

We are about to have a builder start new construction on our 10 year old subdivision. The Board was concerned about the possibility of the new construction vehicles driving over our sidewalks and cracking them. So the Board took photos of each lot where construction was to take place and marked the condition of each slab of sidewalk. We found many slabs cracked, not a trip hazard, but cracked. So the questions are starting, if a construction vehicle drives over the sidewalk and cracks an unbroken slab, they should be responsible to replace the newly broken slab. The new builder has said he would fully replace any thing he damages. We all agreed to that, But, if that same vehicle drives over an already cracked piece and makes it worst, is he still responsible? Some say no, as it was a weakened piece already as it was cracked, even though he may have made it now a unsafe to walk on slab. Others say, he is responsible no matter what, even if the sidewalk slab was cracked. The HOA Board just 3 years ago walked the sub and made notes on the conditions of all the sidewalks. Three categories were listed. 1. severely cracked, trip hazard and those slab panels were replaced right away. 2. cracked, but not a trip hazard but if we see them grow, they would be replaced. 3. cracked, not any problem, but if we had extra money all the cracked panels would be replaced. The cracked slabs are not from any vehicle driving on them, but from weak sub soil. Or very possibly poor installation originally. What do you think. Who should be paying for any of these panels should he damage them more than they were already?

As it is now these are vacant lots. If a lot is 50 ft wide and has 15 slabs of sidewalk the cracked slabs could be anywhere in that 50 ft. Not necessarily where a drive way may be placed. as it is now the construction has not yet started.

The sections where the driveway goes may need to be replaced anyway to meet code, sidewalks are typically 4" while sidewalks across driveways are at least 6" to prevent cracking.

The construction company shouldn't make cracking worse along the sidewalk but this will be difficult to prove plus chase for repair money IF the developer chooses to hide from the responsibility of respecting the existing infrastructure.

Stacey,
Is the HOA responsible to replace sidewalks or is the owner? A sidewalk normally should have a life of 30 years so perhaps it is the contractor or whomever else built the original sidewalk. In our subdivision there are "California style", (i.e. curb and gutter immediately adjacent to the sidewalk) so the City replaces all three. So you may need to do more research to determine who is responsible.

It was 10 years ago. Getting the original developer to pay? Good luck with that.

I would suggest that when you went and took these pictures, the contractor signed off of them too. That way the contractor agrees this was the condition when they started the job as well. Taking pictures before the work without the other party agreeing to any repairs, is not a good way to start things. Make sure your in agreement prior to the work to being done what will be acceptable wear and tear and conditions. It will help you out later.

My husband is operations manager at a building supply yard. If a homeowner or contracted called and complained they did damage during a delivery they are responsible to go back and fix. It has been mailboxes, windows, retaining walls have been backed it.water lines have been busted,front lawns where a truck might have drove thur or backed in and out and dug out big deep spots. So yes call and complain and get a superintendant out there to look and if he won't agree to repair/replace any damage caused then you need to call the head person at that busincess to tell him your story.