Spa Re-Plaster Company Used Wrong Parts

[allanb]

I am in California. Contracted for a re-plaster on our in ground Jacuzzi. In the contract they checked a box that called for a channel drain at the bottom of the Jacuzzi and that is what we wanted as the Jacuzzi currently had that. (a channel drain is about 36" long by 4" wide). A channel drain sits flush with the bottom of the Jacuzzi. They also included this disclosure which I initialed:
"Customer acknowledges that the ASP representative has made Customer aware of the possible dangers associated with a “single suction” pool/spa main drain Customer is aware that the current code requires split main drains on new construction & although not currently required for remodeled or replastered residential swimming pools & spas, ASP strongly recommends either splitting your pool & spa main drains or installing an unblockable drain cover. (________ Initials"
Instead, they installed 3 - 10" round finned covers that stick up 1.7 inches above the Jacuzzi floor, besides the fact they look horrible in our smallish Jacuzzi, we keep kicking them with our toes. I talked to the Company that had replastered our Jacuzzi 15 years ago and they told me in writing that putting a channel drain in was and currently up to code on a re-plaster. I was wondering if I have a solid case, if I sued them. And if I do, what type of Lawyer should I be contacting?
I asked them to re-do the Jacuzzi per the way the contract stated, they refused and said if I don't pay them the final payment of $3500 then my warranty would be void. I then asked them to reimburse me $3200 as I could have my original plaster company redo everything for $6700. They refused to do that also.

I was wondering if I have a solid case, if I sued them. And if I do, what type of Lawyer should I be contacting?



Thanks in advance Al

 

[quincy]

I am in California. Contracted for a re-plaster on our in ground Jacuzzi. In the contract they checked a box that called for a channel drain at the bottom of the Jacuzzi and that is what we wanted as the Jacuzzi currently had that. (a channel drain is about 36" long by 4" wide). A channel drain sits flush with the bottom of the Jacuzzi. They also included this disclosure which I initialed:
"Customer acknowledges that the ASP representative has made Customer aware of the possible dangers associated with a “single suction” pool/spa main drain Customer is aware that the current code requires split main drains on new construction & although not currently required for remodeled or replastered residential swimming pools & spas, ASP strongly recommends either splitting your pool & spa main drains or installing an unblockable drain cover. (________ Initials"
Instead, they installed 3 - 10" round finned covers that stick up 1.7 inches above the Jacuzzi floor, besides the fact they look horrible in our smallish Jacuzzi, we keep kicking them with our toes. I talked to the Company that had replastered our Jacuzzi 15 years ago and they told me in writing that putting a channel drain in was and currently up to code on a re-plaster. I was wondering if I have a solid case, if I sued them. And if I do, what type of Lawyer should I be contacting?
I asked them to re-do the Jacuzzi per the way the contract stated, they refused and said if I don't pay them the final payment of $3500 then my warranty would be void. I then asked them to reimburse me $3200 as I could have my original plaster company redo everything for $6700. They refused to do that also.

I was wondering if I have a solid case, if I sued them. And if I do, what type of Lawyer should I be contacting?



Thanks in advance Al

If the contractor you hired did not satisfy the terms of the agreement as written, you can sue the contractor for breach of contract. You should go over your contract in its entirety with a business law attorney in your area to get an idea of your likelihood of success should you take the contractor to court. Good luck.

 

[allanb]

If the contractor you hired did not satisfy the terms of the agreement as written, you can sue the contractor for breach of contract. You should go over your contract in its entirety with a business law attorney in your area to get an idea of your likelihood of success should you take the contractor to court. Good luck.

Thank you sir, I appreciate the direction.

 

[zddoodah]

I was wondering if I have a solid case, if I sued them. And if I do, what type of Lawyer should I be contacting?

A lawyer would be pointless. Your alleged damages are well within the small claims limit.

What I would do first, however, if I were you is make a claim against the contractor's license bond. You can find bond information at the CSLB's website. Your alleged damages are also well within the penal sum of the statutory bond.

 

[allanb]

A lawyer would be pointless. Your alleged damages are well within the small claims limit.

What I would do first, however, if I were you is make a claim against the contractor's license bond. You can find bond information at the CSLB's website. Your alleged damages are also well within the penal sum of the statutory bond.

 

[allanb]

Thank You for that. I actually just wanted a Lawyer to write a letter to them and help me put the case together (I realize it's pretty straight forward but I just want to make it easier on myself.) There is a clause in the contract that should it go to court the party that loses the case must pay all Lawyer fees and court costs. But I will also file a claim against the contractors license bond.

 

[zddoodah]

Thank You for that. I actually just wanted a Lawyer to write a letter to them and help me put the case together (I realize it's pretty straight forward but I just want to make it easier on myself.) There is a clause in the contract that should it go to court the party that loses the case must pay all Lawyer fees and court costs. But I will also file a claim against the contractors license bond.

There are statutes that provide for reduced or no costs of suit (including attorneys' fees) if you file a small claims level suit in non-small claims court. You can overcome that, and I don't disagree that starting by having a lawyer write a letter might be a good approach (in addition to submitting the bond claim). In general, however, the only reason to file a small claims level case in "regular" court is to preserve the possibility of an appeal (which isn't available to an unsuccessful plaintiff in small claims court).

 

[quincy]

Old thread. Bumping spam off main board.