Pool Repair Gone Bad

What is the name of your state? IA

Last summer my husband and I had some major work done on our pool. The estimate was $6310. At no time did any mention the estimate was to low.

After the work was done the pool company sent us a bill for $9565. Not only was the estimate blown out of the water but the work was not done properly. So we got an estimate to fix the problems and it is going to be $2500.

The pool company is taking us to small claims for the $3565 un paid (we paid $6000). I entered a counter of $2500 to get the pool fixed properly.

What should my concerns be going into the courtroom, do I have a case?
What does the law say about quotes, are they the "bible" unless lold otherwise?

Thank you!!!

What kind of response was that IAAL? Very helpful.

Happy, let me see if I can offer some advise....sorry, helpful advise.

Did the pool company EVER tell you the cost would be higher? At any time, did they say there would be additional work needed?

If not, you probably have a good case....likewise for the counter suit.

However, you must be as prepared as possible. This means you need all documentation from the original pool company, you need the documentation from the company that did the repairs.

Do you have any pictures of the problems they created? Do you have documentation from the second pool company stating exactly what the first one did wrong? Will they testify with you?

Thank you nicolia!!!!!


Did the pool company EVER tell you the cost would be higher?

NO

At any time, did they say there would be additional work needed?

NO

Do you have any pictures of the problems they created?

YES, from finish to end!!

Do you have documentation from the second pool company stating exactly what the first one did wrong? Will they testify with you?

YES, on the documentation, and no to the testify. The other pool company and others in town said they will not testify in court against each other.

The company that did the fix it quote for us was the previous employer for the man that did the work on our pool. They informed us he had NEVER done a job of this magnitude.

I am afraid the man that did the work on the pool won't be at the hearing, and I have a few questions I would like to ask him.

Do you think I should subpoena him? How can I prove they took on a job they were not trained properly to complete? (the total labor hours were 3 times what a properly trained individual would have completed it in according to other trained professionals!)

Thanks Again

Well Happy, if anything this shows that it is necessary to get multiple quotes from different contractors.

However, you should subpoena the contractor who came in second and fixed the problems created by the first. Otherwise, your case will be difficult to prove. Remember, you have to prove that the first contractor charged too much and caused the problems.

Do you have wittnesses to the original discussion and price estimate? Was the estimate verbal or in writing? The contractor can just tell the court that he told you several times that the price would be higher.....if you don't have proof that his statement is false, you'll have a much more difficult time winning.

You do have emotional appeal on your side - everyone has heard horror stories of being ripped off by contractors...play on that.

**Do you have wittnesses to the original discussion and price estimate?

Just my husband and the gentleman that acually did the work. (the owner of the company gave me the estimate and the worker that supposedly knew what he was doing, was present while we were talking money)


**Was the estimate verbal or in writing?

In writing.


**The contractor can just tell the court that he told you several times that the price would be higher.....if you don't have proof that his statement is false, you'll have a much more difficult time winning

I only saw or talked to the contractor before they started and after it was done. He didn't have any involvement in the actual work. I did however express my budget of $7000 with him before. And I stressed it to the workers durring!!!

Thanks you have been a big help!