J
jajons
Guest
What is the name of your state? Michigan
We signed a contract for installation of an inground pool in May of this year. We changed our mind on shape and location of the pool subsequent to the contract signing to accommodate a pool safety cover. We informed the pool company of the changes we wanted and they ordered different supplies for an additional $800 fee. The Rep from the company was told by phone of all the changes and indicated we needed a new contract. Unfortunately, this never happened. I got a call one morning in early June and the Pool rep asked if their team could come dig the pool since they finished early on another job. These were subcontractors for the pool company. I said "sure," being excited to finally have our pool. The crew came on site and asked what where the pool was going--basically had no plans to work from. I provided a detailed written plan of our pool and surrounding concrete. I kept a copy of this plan but did not get a signature from the builders. The pool went in with apparantly no problems-- until they came to pour concrete. At this point we discovered that the pool was set too high to accommodate the concrete we requested which runs about 18 feet between the pool and our home. With the pool elevation, we end up with significant pitch away from the pool (3/8 inch/foot) and virtually no pitch (1/8 inch per foot) to the house--meaning that any excess water will run into our basement. Industry standard for concrete pitch appears to be 1/4 inch per foot. The 3/8 inch per foot pitch you can actually see and could not set a table or chair on it and feel level.
The pool company is now denying that we told them we wanted that much concrete prior to the pool being built (the original contract called for their standard amount of concrete, but of course practically everything was changed on this contract). They are saying the pool elevation is fine for the 8 feet of concrete we told them we wanted. This is basically a "he said, she said" kind of situation.
We have circumstantial evidence that proves they knew we wanted the concrete up to the house. For instance, they removed an existing concrete pad up by the house so all the concrete would match. This pad was in front of a sliding door. What else would go here and why did they remove it? Also, I have a builder who was doing some deckwork by the pool that knew of our desire to have concrete up to the house prior to this pool being installed. Also, just some basic "stupidity issues"--ie. the pool company was never on-site during the construction process--all subcontractors. We used a new coping (product which goes on top of the pool and holds the liner and safety cover in place)--this new coping is about 1 1/2 inches higher than standard coping and the pool company admits (on a taped conversation) that they never saw this prior to installing the pool.
The pool company recommends the use of drains and our builder has said these won't work. The drains they recommend are "industry standard" from what I gather, but they no one typically uses them with the pitches we are dealing with, so there is really no way to know if they would fail in this situation. If they do fail, we get a flood in our basement and a damaged foundation and the pool company will be long gone by then.
I have had another pool company out to look at the situation and they agree that the pool is too high for the layout we want with concrete running up to the house.
I do not have the desire or the money to sue this company and end up in a long court battle. We are going to arbitration through the BBB, hopefully very soon. This pool company is really slimey. They ignored the situation until the end of August and only responded when the BBB said they would revoke their membership. The walls of the pool and coping have now warped from lack of support the concrete decking provides. We want a pool but not this one at this elevation. We are asking that the pool be removed and our $16,000 (2/3 the cost of the pool package) be refunded plus our $1,500 electrician costs (which we will need to redo if the pool is torn out).
My first question is really related to a statement in the original pool contract which says "all changes to this agreement must be in writing and signed by both parties." Does this burden fall on the contractor or does this fall on me?
Any thoughts on what our chances are or what the best approach is to take with the arbitrator? They plan to have an attorney at arbitration and I will not, although my builder will be present.
Any agencies other than the BBB that I can go to for help??
Your help is appreciated--thanks!
J.H.
We signed a contract for installation of an inground pool in May of this year. We changed our mind on shape and location of the pool subsequent to the contract signing to accommodate a pool safety cover. We informed the pool company of the changes we wanted and they ordered different supplies for an additional $800 fee. The Rep from the company was told by phone of all the changes and indicated we needed a new contract. Unfortunately, this never happened. I got a call one morning in early June and the Pool rep asked if their team could come dig the pool since they finished early on another job. These were subcontractors for the pool company. I said "sure," being excited to finally have our pool. The crew came on site and asked what where the pool was going--basically had no plans to work from. I provided a detailed written plan of our pool and surrounding concrete. I kept a copy of this plan but did not get a signature from the builders. The pool went in with apparantly no problems-- until they came to pour concrete. At this point we discovered that the pool was set too high to accommodate the concrete we requested which runs about 18 feet between the pool and our home. With the pool elevation, we end up with significant pitch away from the pool (3/8 inch/foot) and virtually no pitch (1/8 inch per foot) to the house--meaning that any excess water will run into our basement. Industry standard for concrete pitch appears to be 1/4 inch per foot. The 3/8 inch per foot pitch you can actually see and could not set a table or chair on it and feel level.
The pool company is now denying that we told them we wanted that much concrete prior to the pool being built (the original contract called for their standard amount of concrete, but of course practically everything was changed on this contract). They are saying the pool elevation is fine for the 8 feet of concrete we told them we wanted. This is basically a "he said, she said" kind of situation.
We have circumstantial evidence that proves they knew we wanted the concrete up to the house. For instance, they removed an existing concrete pad up by the house so all the concrete would match. This pad was in front of a sliding door. What else would go here and why did they remove it? Also, I have a builder who was doing some deckwork by the pool that knew of our desire to have concrete up to the house prior to this pool being installed. Also, just some basic "stupidity issues"--ie. the pool company was never on-site during the construction process--all subcontractors. We used a new coping (product which goes on top of the pool and holds the liner and safety cover in place)--this new coping is about 1 1/2 inches higher than standard coping and the pool company admits (on a taped conversation) that they never saw this prior to installing the pool.
The pool company recommends the use of drains and our builder has said these won't work. The drains they recommend are "industry standard" from what I gather, but they no one typically uses them with the pitches we are dealing with, so there is really no way to know if they would fail in this situation. If they do fail, we get a flood in our basement and a damaged foundation and the pool company will be long gone by then.
I have had another pool company out to look at the situation and they agree that the pool is too high for the layout we want with concrete running up to the house.
I do not have the desire or the money to sue this company and end up in a long court battle. We are going to arbitration through the BBB, hopefully very soon. This pool company is really slimey. They ignored the situation until the end of August and only responded when the BBB said they would revoke their membership. The walls of the pool and coping have now warped from lack of support the concrete decking provides. We want a pool but not this one at this elevation. We are asking that the pool be removed and our $16,000 (2/3 the cost of the pool package) be refunded plus our $1,500 electrician costs (which we will need to redo if the pool is torn out).
My first question is really related to a statement in the original pool contract which says "all changes to this agreement must be in writing and signed by both parties." Does this burden fall on the contractor or does this fall on me?
Any thoughts on what our chances are or what the best approach is to take with the arbitrator? They plan to have an attorney at arbitration and I will not, although my builder will be present.
Any agencies other than the BBB that I can go to for help??
Your help is appreciated--thanks!
J.H.