Defective Patio

[steemer]

What is the name of your state? DE

A major nationwide pool installer installed a pool and concrete decking in my back yard about 9 months ago. The concrete decking is on chipping. THey came out and looked at it and concluded that the concrete mix was defective. They also said that they do not warranty concrete decking. THe contract does say that they do not warrant decking; however, this is a workmanship and quality of materials issue. Can they legally absolve themselves from liability even if they use defective materials and poor workmanship?

Aside from that, in order to repair the deck, the old deck has to be removed, my yard will be torn up again, my fence has to be removed and replaced, the diving board has to be replaced, and my pool cover has to be reinstalled in to the decking. THe expense to fix the problem will probably be double or triple what I paid for the decking. Who is obligated to pay the difference?

I talked to an attorney who agreed that I have a stong case; however, he was not sure if he could recoup, if any, of his fees from the defendant. Can I sue for attorney's fees as well, and what would be chances of me getting it.

 

[I AM ALWAYS LIABLE]

What is the name of your state? DE

A major nationwide pool installer installed a pool and concrete decking in my back yard about 9 months ago. The concrete decking is on chipping. THey came out and looked at it and concluded that the concrete mix was defective. They also said that they do not warranty concrete decking. THe contract does say that they do not warrant decking; however, this is a workmanship and quality of materials issue. Can they legally absolve themselves from liability even if they use defective materials and poor workmanship?

Aside from that, in order to repair the deck, the old deck has to be removed, my yard will be torn up again, my fence has to be removed and replaced, the diving board has to be replaced, and my pool cover has to be reinstalled in to the decking. THe expense to fix the problem will probably be double or triple what I paid for the decking. Who is obligated to pay the difference?

I talked to an attorney who agreed that I have a stong case; however, he was not sure if he could recoup, if any, of his fees from the defendant. Can I sue for attorney's fees as well, and what would be chances of me getting it.

My response:

How are we to give you an opinion without reading the contract?

IAAL

 

[steemer]

THe contract says:

Walks and decking are not warranted against cracking, chipping, raising, peeling, settling, or discoloration.


Both the pool dealer and the concrete contractor agree the concrete was defective. However, they claim that they do not warrant concrete decking.

 

[I AM ALWAYS LIABLE]

THe contract says:

Walks and decking are not warranted against cracking, chipping, raising, peeling, settling, or discoloration.


Both the pool dealer and the concrete contractor agree the concrete was defective. However, they claim that they do not warrant concrete decking.

My response:

You had other concerns besides these; e.g., attorney's fees, etc., and now you've come back here with a "summary" or "synopsis" of what YOU "think" the contract says or means.

Please, in order for anyone to help you, you'll need to re-print the entire contract in a reply so that we can read it. Otherwise, you'll need to obtain an opinion from a local attorney.

IAAL