General law

[kaholley]

We hired someone to build a cement stock tank type swimming pool. After he finished the job, we found lots of problems. The plumbing and skimmer is not going to be usuable at all without us breaking cement and redoing. The cement work is terrible. The bottom is so rough you can hardly walk on it. We stopped payment on his last check and would like to have someone else fix our pool. Are we obligated to pay him any more? We have paid him about 80% of the amount he charged. No signed contracts involved.

 

[loku]

Bad work on pool

From the facts you give, the contracter did not do an acceptable job; therefore, you have a right to have him fix the work done at the original price. If the contractor is incompetent, then you have a right to hire someone else to repair the faulty work and if the cost of doing that, along with what you already paid the first person is more than the original contrat price, the original contractor has an obligation to pay you the difference. If the reapair work and the amount you paid the original contractor is less than the original contract price, you have an obligation to repay the original contractor the difference. In other words, you have a right to have the pool completed in a reasonable manner, and your total cost should be the original contract price.