POOL PROBLEMS IN AZ

[PEWIJA]

I ASKED AN UNLICENSED POOL REPAIR MAN TO COME AND REPAIR SOME MINOR CHIPS IN MY POOL. HE QUOTED ME A PRICE OF 200$. HE CAME ONE MORNING AND SET UP A PUMP TO DRAIN MY POOL AND THEN LEFT WHILE THE POOL DRAINED. HE CAME BACK LATER IN THE AFTERNOON TO CHECK ON THE DRAINING, AND IT WASN'T QUITE DONE YET, SO HE ASKED ME TO JUST UNPLUG THE PUMP WHEN IT WAS FINISHED AND HE WOULD BE BACK THE NEXT DAY. THE NEXT DAY, I WAITED ALL UNTIL ABOUT 4:30 P.M. FOR HIM TO SHOW UP AND HE DIDN'T. I GOT TIRED OF WAITING SO I CALLED ANOTHER REPAIR MAN, AND QUOTED ME A BETTER PRICE SO I GAVE THE JOB TO HIM. ABOUT TEN MINUTES AFTER I TALKED TO THE SECOND REPAIR MAN, THE FIRST ONE SHOWS UP READY TO WORK. I TOLD HIM THAT I GOT TIRED OF WAITING AND HIRED SOMEBODY ELSE. HE WASN'T TOO HAPPY, AND TOLD ME THAT I HAD TO PAY FOR THE RENTAL EQUIPMENT HE USED TO DRAIN THE POOL OR HE WOULD TAKE ME TO COURT. I TOLD HIM TO GO AHEAD. I HAD ALREADY OFFERED TO GIVE HIM 20$ FOR THE DRAINING. ONE OTHER ISSUE IS THAT WHEN HE DRAINED MY POOL, HE DIDN'T TURN MY PUMP OFF, SO IT RAN DRY ALL NIGHT FOR ABOUT 5 HOURS. I DON'T KNOW IF THE PUMP WAS DAMAGED OR NOT. ALSO, THE PUMP THAT HE USED TO DRAIN MY POOL LEFT A LARGE RUST STAIN ON THE BOTTOM OF MY POOL. I MANAGED TO REMOVE MOST OF IT, BUT THERE IS STILL A REMNANT OF THE STAIN. I GUESS I'M WONDERING IF HE HAS GROUNDS TO TAKE ME TO COURT, AND IF HE DOES, DO I HAVE A VALID CLAIM AGAINST HIM ON THE GROUNDS OF NEGLIGENCE OR POSSIBLE PROPERTY DAMAGE.

THANKS.

 

[JETX]

Yes, the original poolman has a legitimate claim against you, for breach of (verbal) contract. Your post doesn't say anything about a specific time for completion and his arriving a day or so later was not sufficient grounds for voiding the contract without notice.

And your post clearly says that you went with the 'other' guy since he was cheaper. Would you have gone with him if he had been $100 more?? Nope. So, money was your only factor, not his failure to shop up on schedule.

Pay the man his justifiable cost (I know you couldn't rent the pump for $20!!). Get a receipt for the rental and pay it, also include some money for his time and labor. Or else you could pay a LOT more in court. And he might be able to put a lien on your property!!