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Pool Still Not Finished after 2 Years

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MikeMushovic

Junior Member
My wife and I live in California.

After just over 2 years, our pool is still not complete despite a signed contract & prompt payments on our part. We asked for and received updated plans to resolve all issues with our pool. But unsupervised workers and poor construction have resulted in missed deadlines & 3 steps forward, 2 steps back.

My wife and I would now like to proceed with legal action against contractor have them pay for another contractor to finish their job. We are in process of getting estimates and would appreciate any advise on how to proceed to ensure we can resolve in this manner in our favor.

Thank you,
Mike
 


MikeMushovic

Junior Member
Some additional information

Here are some additional details surrounding the events with our pool:

2004-10-22
Signed contract in place with contractor to build a free form pool with artificial rocks, water slide, waterfalls and hot tub; total estimate per this contract is $167,750.

2005-xx
We can show records of prompt payment of all invoices within 3 days of receiving them.

2005-10
All major construction completed and we wrote our final check believing that all minor issues still remaining would be addressed shortly. This included completion of the installation of pool auto-fill mechanism.

2005-11 through 2005-09
Over the next few months, several problems developed with our pool, including major problems such as white stains (efflouresence) seeping out of the man-made rocks, cracks in the water slide and a crack in the coating of our hot tub. The promised completion of the pool auto-fill mechanism never occurs. After many unsuccessful attempts to have the pool contractor commit to resolving all of these problems, we finally brought the matter to the attention of the Better Business Bureau.

2005-11-29
At the prompting of the BBB, the pool contractor provided a faxed written plan stating that they would resolve all of our remaining issues. Per this updated agreement, work would commence on December 4th and be completed no later than December 15th.

2005-12-05
Work commenced (a day late) but almost immediately, slowed and eventually came to a halt in a few days. Over the next two months, we made several calls to the pool contractor and were assured that things would be completed. During this time, the hot tub cracks in 2 additional places.

2007-01-12
Unsupervised workmen arrive and re-stain the rock stairs next to our pool but did not properly mask the surrounding area. The stain overspray went directly into our pool, contaminating and discoloring the water to a dark brown. Informed by our pool cleaning company that there was a danger of permanent discoloration to the pebble sheen coating of our pool, we drained and refilled the entire pool at $150 cost to ourselves. Pool contractor does not take our calls or return our voicemail messages.

2007-01-23
The pool contractor sends us a fax stating they would reimburse us for the cost of the water if we could show them a water bill.

2007-02-05
Workmen remove the cracked pebble sheen coating of our hot tub with jack hammers; rendering the hot tub incomplete & unusable. During this work, several pieces of surrounding artificial rock are also destroyed and must now be repaired. Our patio and spa overflow into the main pool are also left covered in dust and rubble. The rock stairs have also cracked in several places, posing a severe safety hazard to anyone in bare feet.

2007-02-07
No workmen on-site for two days. Pool contractor does not take our calls or return our voicemail messages. We sent them a fax requesting that an updated plan with a timeline for resolving all remaining issues as well as the new ones that have arisen. Also, requested $150 compensation for refilling pool due to events of 2007-01-12; we also provided copies of water bills per the pool contractor's request in their previous fax to us.

2007-02-08
Pool company foreman and two workers visited our property to review the issues with us. When talking with these individuals, we were informed that “it should be no problem to fix everything within a week”. We reiterated the need to have a written plan from the company before work could proceed. We were assured that we would receive it by noon that very day.

2007-02-16
No workmen on-site for eight days. Pool company again not taking our calls or returning voicemail messages. We send another fax asking the pool contractor to provide us with an updated plan to address our issues - including repairing our spa. We also send this fax as an email and via registered mail. We state that if we do not hear back from them by noon on 2/23/07, we will conclude that they have abandoned our project.

2007-02-23
Another week passes with no contact from the pool company. No workmen have been to our yard. Our spa remains unusable and our patio & spa overflow remain covered with dust & rubble. Oh, and the pool auto-fill mechanism still doesn't work. We have not received an updated plan as we requested on 2007-02-16 nor have we received any calls or faxes from the pool contractor. We even have a copy of the fax machine phone log that shows no incoming calls from pool contractor.

In the absence of any response, we have concluded that the pool contractor has abandoned us and our pool despite their previous written commitments to resolve the outstanding issues caused by their negligence. We would like to proceed with the repairs and have our pool completed with other contractors. Our plan is to recover the costs incurred with another company - along with the $150 to refill our pool - at a later date and - if necessary - by taking legal action against the original contractor.

Any advice, comments or questions from the readers here are welcomed...
 

acmb05

Senior Member
2 days, 53 views, no replies except my own....

Doesn't anyone have any advice? :confused:
What advice do you need? You are going to have to sue them for whatever you want done. You will need to get all estimates for repairs and to get the pool in operable condition the way it was supposed to be in the original condition. Get 3 estimates for court. You definately need a lawyer for this as you are probably talking in the 80 to 100,000 dollar range.

On a side note, you should never have made the final payment untill all work was completed and inspected by you to be in good working order. By paying them off before work was completed you opened yourself up to being put off as long as they can.

If you decide to have the work completed while waiting on a court date that is you perogative to do, However you will need to notify the original contractor that you are planning on doing this and that his services are no loonger wanted. Basically you have to fire him.
 
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