Commercial Waterproofing Failures – The Top Reasons Builders Face Litigation

Waterproof concrete isn’t just a best practice in today’s commercial construction projects, it’s a necessity for builders seeking long-term reliability, sustainability, and ROI. However, failures in waterproofing systems are also among the leading causes of construction litigation, often resulting in costly remediation and project delays.

Serving the commercial construction sector for more than 25 years, we’ve seen firsthand how integrated waterproofing eliminates many of the common concrete issues that lead to litigation. Here are the top reasons for waterproofing failures that end in lawsuits, and how construction teams can avoid them by collaborating with Hycrete early in the project lifecycle.

The Numerous Problems with Waterproof Membranes

The most common failures tend to occur with membrane-based systems. That’s because applied membranes are inherently prone to a number of issues:

  • Waterproofing performance and reliability largely depend on the quality of the installation.
  • Costly maintenance and repairs are necessary to ensure continued performance. Failure to fix the membrane could thus lead to negligence litigation.
  • Even when properly installed, leaks and damage tend to develop over time, opening up the possibility for more substantial damage and structural failures.


In contrast, Hycrete faces none of those issues. Superior waterproofing and corrosion protection are poured directly into the concrete structure – no need for complicated installation procedures or ongoing maintenance; no need for special surface treatments.

By eliminating many of the common issues for concrete water damage, corrosion, and structural failure, Hycrete helps builders likewise avoid many of the issues that potentially lead to litigation.

The Most Common Litigation Concerns Within Commercial Construction:

  • Design Errors – Waterproofing failures often begin in the design phase. A common issue is insufficient concrete cover over rebar, which allows water to penetrate and corrode the steel reinforcement. Poor detailing at joints, penetrations, and terminations can also create vulnerabilities that compromise the building envelope.
  • Material Failures – Using low-quality membranes or contaminated concrete aggregates can compromise the integrity of the entire waterproofing system.
  • Construction Defects – Improper rebar placement can lead to reduced cover, honeycombing, and micro-cracks, all of which open pathways for water infiltration. In the case of applied membranes, the leaks can be difficult or impossible to detect before it’s too late, with more extensive damage already well underway.
  • Maintenance Negligence – Even the best-built structures still require periodic inspection and maintenance. Failure to address developing cracks or damaged joints in a timely manner can result in significant water ingress and structural damage over time. However, with Hycrete, there’s no additional membrane or surface treatment to maintain – just superior waterproof concrete.

Who is the target of commercial litigation?

It’s not just building owners who have to worry about lawsuits and litigation. Virtually everyone involved in the project can potentially be targeted if the structure isn’t built to code or if unforeseen issues arise.

  • Architects
  • Structural engineers
  • Contractors
  • Construction firms
  • Material suppliers
  • Building owners

Hycrete’s 10-Year Performance-Based Warranty: Guaranteed to Last

Hycrete is backed by a 10-year performance-based warranty. That doesn’t mean a product-based, material-only warranty like the majority of competing admixture products. Basically, if Hycrete-treated concrete leaks for any reason, our team will fix it.


More than the best warranty in the industry, we have the science, testing, and years of successful results to back up Hycrete’s reliable performance. For builders seeking the best reliability for avoiding future litigation, Hycrete has been proven time and again to stand above the competition.

The Industry’s Most Reliable Solution for Waterproof Concrete and Corrosion Protection

Backed by more than two decades of experience, with thousands of successful projects throughout America and across the globe, Hycrete remains the gold standard for reliable waterproof concrete with superior corrosion protection. Our admixtures are rigorously tested and scientifically proven to achieve better reliability, better longevity, and a better ROI while avoiding the issues that lead to litigation.

Picture of Lindsey Montgomery
Lindsey Montgomery
Lindsey has over 15 years in the AEC industry and she currently manages the business development for Hycrete’s US division focusing on education and strengthening client relations.
Picture of Lindsey Montgomery
Lindsey Montgomery

Lindsey has over 15 years in the AEC industry and she currently manages the business development for Hycrete’s US division focusing on education and strengthening client relations.

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