<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by timberjack:
New gunite pool is cracked on bottom, concrete deck has 15 end to end cracks, drainage system doesn't work--pool drains out but doesn't refill...Pool man, who began job Sept. 1999 (90 days to finish on contract), wants to patch bottom of gunite and cover deck with coating--all when the weather cools (he is busy doing other pools). We want what we paid for and never got! Lawyer says we must mitigate--let him fix it, she says. Problem is he won't fix it the way we want it fixed. We paid $38000 and don't want a patch work pool. Lawyers have been writing letters back & forth since June and we are getting nowhere. Kinda getting disgusted with "mediation" process. Sue? Please advise. <HR></BLOCKQUOTE>
Mitigate does not mean accept shoddy repair work. Put the gunite to the contractors' head. Hire another pool contractor or engineer that has experience in pool construction and conducting pool inspections. You need to determine the cause of the problems before agreeing to any fix. Why is the pool and deck cracking? Is there a soil problem, structural problem, were plans and specs defective, did the contractor follow the plans and specs, did the contractor use the proper materials and were the workers skilled and competent? Was rebar called for and installed wrong, was there too much or not enough water/cement in the gunite mix. Did a soils engineer come out and test the soil during excavation? Did the contractor get a building permit and follow applicable building and swimming pool codes? What is the problem with the drainage/refill and backflow system?
Here is how to do it right since he did it wrong. Have your attorney draft a settlement letter stipulating that a structural engineer of your choice be hired to inspect the pool, review the plans, specs etc., complete a revised plan and specifications for remedial repair work, monitor construction and complete a final inspection. All costs to be paid for by the contractor. An independent licensed pool contractor should be hired to inspect and test all the pool equipment. Make sure that a licensed electrical contractor did a good job on the electrical installation (all electrical completed in conformance with the National Electrical Code NEC) as there are many areas of grounding, bonding and GFI protection that are required in pool construction.
Take it from me, I don't trust this guy. Do not accept a band-aid fix that will cost you more money later. You will agree to have him fix the pool but it must be fixed the right way and only the right way. Make sure that you get all the proper material and labor warranties.
Your attorney is correct to mediate but do not lose your ground in the process. Mediation must be done so that all your right are protected and you get what you have contracted for. Please discuss these comments with your attorney.
