As the Troubleshooters have reported on this issue over the past year and a half, the Joseph J. Mottes Company (JJ Mottes) has evolved its response. This is the company’s most recent full statement to NBC Connecticut and its response to the State of Connecticut.
The Joseph J. Mottes Company (JJ Mottes) provided this statement to NBC Connecticut in August 2016:
“In the 15 years since we took over the management of the Joseph J. Mottes Company, we have adhered to rigorous standards set forth by the American Concrete Institute and the state of Connecticut. We continue to cooperate with the ongoing state investigation so that homeowners can get the answers and real solutions they deserve. One thing that is clear to us is the extensive media and governmental scrutiny has led to another issue arising – in addition to homes affected by damage, there are now large numbers of homeowners and potential home buyers who do not have problems but are being told they will.
“Certainly, those homes with damage need to be remedied, but a comprehensive solution is called for - one that helps those who are not financially capable of helping themselves, guards against predators of all kinds and eases the burden placed on the real estate market. We believe that effective lower cost preventive remedial actions exist, that appropriate independent authorities can and should identify these techniques, and this information needs to be widely shared and adopted.” – John Patton, spokesman, The Joseph J. Mottes Company
In conjunction with a Assurance of Voluntary Compliance (AVC) with the state of Connecticut, attorneys for the Joseph J. Mottes Company and Becker Construction Company provided a letter, dated May 6, 2016 to the state. You can read the full agreement and letter here: http://www.ct.gov/ag/lib/ag/press_releases/2016/20160509_mottes_becker_avc.pdf
The letter says, in part:
Mottes and Becker wish to reiterate and make clear to each of your agencies and to the public at large several important facts that bear upon their willingness to enter into this AVC at this time.
A. Mottes has not made or installed and does not make or install, residential foundations;
B. Mottes’s materials and processes are subject to continual inspection and testing, and the concrete it has manufactured is mixed to precise standards. Aggregate from the Becker Quarry, during all relevant times, had been routinely tested by the State of Connecticut Department of Transportation Laboratories and other private material testing Laboratories and has consistently met all regulations and standards for use in ready mix concrete. The forming of foundations by installers and builders, on the other hand, is unregulated, unlicensed, unsupervised and uninspected - but needs to be, as these installation practices have the most significant effect on a foundation’s strength and durability
C. Mottes and Becker continue to strongly believe that the current situation involving residential foundations in Eastern Connecticut is an installation issue. Mottes and Becker support an unbiased, comprehensive investigation of the foundation issues - including how the materials were placed and installed, in addition to remedial actions - so that homeowners can get the answers they deserve and meaningful help with solutions.
D. Mottes ready mix concrete containing aggregate from the Becker quarry in Willington, CT, and from other aggregate sellers, has been used in state, municipal and commercial foundations, walls, sidewalks and other structures without deterioration, and the same ready mix concrete has been used in residential concrete foundations, walls, sidewalks and other structures within the state of Connecticut without deterioration;
E. Mottes ready mix concrete containing aggregate from the Becker quarry in Willington, CT, and other aggregate sellers, has been purchased and used by various residential concrete foundation installers within the State of Connecticut without deterioration;
F. Some ready mix concrete containing aggregate from the Becker quarry in Willington, CT, and from other aggregate sellers, was purchased and used by some residential concrete foundations installers in the 1980’s, who are no longer in business within the State of Connecticut, and who did not comply with American Concrete Institute and Connecticut standards, which practice is known to diminish concrete durability;
G. Mottes and Becker have independently conducted their own investigation as to the claims of concrete foundation deterioration and have reason to believe that numerous installation and environmental factors caused or otherwise contributed to residential concrete foundation deterioration;
H. Mottes and Becker have not seen any evidence that any residential concrete foundation deterioration was caused by their products;
I. Pyrrhotite is a common mineral in Connecticut and my clients have concluded that the mere presence of pyrrhotite in concrete is not the cause of residential concrete foundation deterioration, as pyrrhotite will remain inert and will not become reactive within properly installed residential concrete foundations;
J. Mottes and Becker have recently come to believe that under certain installations and environmental conditions, pyrrhotite may become reactive with other elements, principally water, which contributes to residential concrete foundation deterioration;
K. Mottes and Becker have come to believe that exterior waterproofing of foundations will protect residential concrete foundations from deterioration, even those containing pyrrhotite;
L. Mottes and Becker have come to believe that exterior waterproofing of foundations will protect residential concrete foundations from deterioration, even those which have commenced deterioration;
M. Mottes and Becker also have familiarity with a commercially available product which can be applied on either side of a basement wall and will continue to react through the wall to prevent water infiltration which is a necessary component of any reaction