slhalufska
Junior Member
What is the name of your state? FL
I purchased a fiberglass pool through a licensed pool builder/installer. He stated in writing that he and one of his installers would be here to install the pool. He sent a new guy with the installer. The pool is off 3.5" from shallow to deep end. At my insistence, the installers measured. They continued to fill, backfill & plumb. Told me we could to build up a false "wall" by stack-tile the low end. (That means laying tiles one on top of another to make up the shortage!) Spoke with owner by phone and email the day after the installers left (Sunday, 5/14/06). He assured me that he would return by 5/18 to check it out. I requested (via return email) that he void the last check and fax to me first thing Monday. I did not hear from him by 3 pm so I cancelled check to insure pool was fixed. 5/16 he called to confirm he would be down 5/18 to look at the pool level. He also said he was going to the bank with the last 2 cks I gave the installers - He is not happy I cancelled the check. Stated he will not come back until paid. I stated I couldn't pay him until the job was completed. Offered the following options:
1. Have certified check for final payment held in escrow once pool was leveled & completed
2. Pay him in full, cash, when pool was leveled and completed
3. Welcome him earlier than Thursday to finish the job
Since then, he has written me emails stating I am in breach for not paying, that he is placing a lien on our home for the balance and any costs to pursue same. He has reiterated that he has not said he will not fix the pool, but that he refuses to come down until paid in full.
Contract is below. Does it seem one-sided? Items 13, 14, 15, and 16 only seem to address if I, "Buyer", should not perform. I do not see anything that addresses my options of "Seller" fails to perform, other than I have to go through Arbitration. What choices do I have?
I finally gave in & sent final payment, certified check, which he signed for 11:07 am 5/26. I have not heard from him. I emailed him 5/25 & 26 to let him know the check was coming and to acknowledge receipt. Prior to this, he had been very timely in responding, sometimes emailing at 2 am!
Questions:
A. Am I in breach for cancelling final payment?
B Do I have a right to demand satisfaction within 1 week of receiving final payment?
C. If he needs a crane to correct the level, can he charge me back for that as well as any other additional charges for him to come back? (I already had to pay for cranes 2x, the first day - the pool was 4.5 hrs later than expected, boom was too short & it was too late to get another crane there)
Please help,
Sue
Port Charlotte, FLWhat is the name of your state?
I purchased a fiberglass pool through a licensed pool builder/installer. He stated in writing that he and one of his installers would be here to install the pool. He sent a new guy with the installer. The pool is off 3.5" from shallow to deep end. At my insistence, the installers measured. They continued to fill, backfill & plumb. Told me we could to build up a false "wall" by stack-tile the low end. (That means laying tiles one on top of another to make up the shortage!) Spoke with owner by phone and email the day after the installers left (Sunday, 5/14/06). He assured me that he would return by 5/18 to check it out. I requested (via return email) that he void the last check and fax to me first thing Monday. I did not hear from him by 3 pm so I cancelled check to insure pool was fixed. 5/16 he called to confirm he would be down 5/18 to look at the pool level. He also said he was going to the bank with the last 2 cks I gave the installers - He is not happy I cancelled the check. Stated he will not come back until paid. I stated I couldn't pay him until the job was completed. Offered the following options:
1. Have certified check for final payment held in escrow once pool was leveled & completed
2. Pay him in full, cash, when pool was leveled and completed
3. Welcome him earlier than Thursday to finish the job
Since then, he has written me emails stating I am in breach for not paying, that he is placing a lien on our home for the balance and any costs to pursue same. He has reiterated that he has not said he will not fix the pool, but that he refuses to come down until paid in full.
Contract is below. Does it seem one-sided? Items 13, 14, 15, and 16 only seem to address if I, "Buyer", should not perform. I do not see anything that addresses my options of "Seller" fails to perform, other than I have to go through Arbitration. What choices do I have?
I finally gave in & sent final payment, certified check, which he signed for 11:07 am 5/26. I have not heard from him. I emailed him 5/25 & 26 to let him know the check was coming and to acknowledge receipt. Prior to this, he had been very timely in responding, sometimes emailing at 2 am!
Questions:
A. Am I in breach for cancelling final payment?
B Do I have a right to demand satisfaction within 1 week of receiving final payment?
C. If he needs a crane to correct the level, can he charge me back for that as well as any other additional charges for him to come back? (I already had to pay for cranes 2x, the first day - the pool was 4.5 hrs later than expected, boom was too short & it was too late to get another crane there)
Please help,
Sue
Port Charlotte, FLWhat is the name of your state?