Swimming Pool Repair Trouble

[LBH]

Live in Ohio.

On April 11th we had a sub contractor install a pool liner (which we purchased) in our swimming pool. The installer was paid $250 when he completed the job. He left before the water truck arrived. As water was being put into the pool, it was discovered that there was a hole in the liner. It looked as if someone had cut it with a knife. Also, the bottom of the pool was completely wrinkled. All in all it was a terrible job.

I contacted the installer(he cashed his check on his way home) who denied putting a hole in the pool and said he was sorry about the wrinkles -- he thought they would come out when water was put in. He said he would replace the liner and pay for the next truckload of water because he wanted us to be satisfied. He "Guarentees His Work"

He never called us again. We called him every day asking when he would come back. He would make excuses for not coming or arrangements to come and never show up nor would he call to say he wasn't coming. I asked for a refund of the cost of the liner that he ruined, the water we had to pay for plus a refund of the labor since we would have to pay someone else to do it and because he didn't do it right in the first place.

After threatening to sue, we received a check for $350. The cost of the liner and the water. They said they would not return the labor money because he offered to put in a new liner and we would not let him.

Today I received a call from his wife wanting the old liner. She said they paid for it and it is legally theirs. I only agreed to return the liner if we were fully refunded our money. $600 total. I do not feel that we need to return the liner since they did not fully refund all the money we are out -- plus we have to pay someone to come out and do the work again. They said they are going to sue us for the cost of the liner.

Do we have to give them the liner? Should we sue in Small Claims Court for a refund of the labor money, since he would make arrangements and never show up or call? I had water ordered 3 times that I had to cancel because he didn't show up to do the work.

Please advise. Thank you. Sorry so long.

 

[JETX]

I'll try to take these individually...

Q1) "Do we have to give them the liner?"
A1) "Have" to?? Obviously the answer is no. However, they can certainly take you to court to recover the liner that they did in fact pay for. Ignoring all the other issues, let me give you an example: You own a store. A customer comes in and purchases a 'widget', takes it home and finds it is defective. He comes back to your store and you give him a refund. Should you expect him to give you the defective 'widget'. Of course.

Q2) "Should we sue in Small Claims Court for a refund of the labor money, since he would make arrangements and never show up or call?"
A2) Again, the literal answer is no. You shouldn't sue due to his not showing or calling. You should sue do to his 'breach of contract', warranty of merchantability, poor workmanship, etc. Keep in mind, the only 'provable' claim that you have is that he left 'wrinkles' in the pool. Naturally, he will claim that he didn't cut the liner, it was already that way when he installed it. And you would have a hard time proving otherwise.

Q3) "I had water ordered 3 times that I had to cancel because he didn't show up to do the work." [I know, not really a question, but I wanted to answer anyway!]
A3) It doesn't matter how many times you had to cancel the water, if you didn't have to pay anything for cancelling. Having to cancel an order without pay isn't 'damages'.

Bottom line:
Give them the liner back (after all, what are you going to do with it) and consider taking him to court to recover your 'wasted labor' expense (this was 'damages' since you had to pay for it twice).