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Thread: Know a good Lawyer?

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    Rsmith's Avatar
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    Know a good Lawyer?

    We contracted on a build last fall and the PB started building in November. By mid December we had a shell, patio and pipes run to corner of house. We purposely left the job unfinished until spring. Fast forward to April. PB comes out with crew, installs all the equipment, has finish applied to pool. 2 days later we get water. He says to me "watch your PH and Alkalinity" and leaves. Thank goodness for you guys I have at least figured out my chemistry and have beautiful water to swim in. I have been using bleach while waiting for PB to come and start up SWG. He finally made it out last Thursday night (first time back since water) and was not able to get it to work. Since it was evening time he told me he would call them on Tuesday when he gets back from the holiday vacation. I texted him yesterday and he told me that it would require him to run a diagnostic for an hour while on the phone with Pentair and he just doesn't have the time. In addition to that the jump rock has not been installed and the small landscaping rocks that surround the steppers have not been done. Do I have any recourse here? Can I hire someone else to finish and deduct from his final bill? I'm leaving for vacation in 2 weeks and would really like the SWG to be up and running.
    Central Md. 37 X 21 24K IG Custom Gunite with Anvil Quartz finish. Raised Spa.
    Sta-Rite Natural Gas Heater. Intellichlor IC-40 SWG, Sta-Rite 450 sq ft. Cartridge Filter.
    Pentair 1.5 Hp Variable Speed Pump. TF100. Dolphin Z-5. First swim 5/26/16

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    triptyx's Avatar
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    Re: Know a good Lawyer?

    Obviously we're not lawyers, and any legal advice you get here is worth every penny you paid for it.

    Does the remaining amount you owe him cover the missing/unfinished items?
    8,500gal plaster in-ground with attached spa, two floor drains, one skimmer. Chlorine, City Water.
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    Re: Know a good Lawyer?

    Unless someone on the board is licensed to practice law in Maryland, we are not going to be able to offer any type of advice regarding this situation. The questions you asked are best left for a legal professional, which I would recommend talking to given what you have said here.

    Please keep in mind that if any discussion puts TFP in to the situation in any way, shape, or form, the mods will be shutting it down faster than a kite in a hurricane.
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    Rsmith's Avatar
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    Re: Know a good Lawyer?

    I'm sure I could get the pool finished for less than what I owe him. Just wondering if anyone else has been through similar circumstances. Not looking to get TFP in any unsalted hot water.
    Central Md. 37 X 21 24K IG Custom Gunite with Anvil Quartz finish. Raised Spa.
    Sta-Rite Natural Gas Heater. Intellichlor IC-40 SWG, Sta-Rite 450 sq ft. Cartridge Filter.
    Pentair 1.5 Hp Variable Speed Pump. TF100. Dolphin Z-5. First swim 5/26/16

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    Re: Know a good Lawyer?

    All pool builders are swamped right now. Expect delays, and try to be patient. I know it's hard, but getting PO'd really doesn't do you any good. Anger your pool builder and he'll do a crappy job on whatever he contractually still owes you. Suing doesn't get you a pool before your vacation in 2 weeks. Just read up here, do what you have to do to keep your plaster curing, and wait.

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    Rsmith's Avatar
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    Re: Know a good Lawyer?

    Update.. Contacted a local pool place that does warranty work. Scheduled a warranty call for 6/16. They charge $120.00 to come out but SWG will be fixed or replaced under the warranty. Texted PB and told him what I was doing. He said he would Google repair centers to see if he could find one that won't charge. camueller, the pool is done, we are enjoying it. Its just an issue of some landscaping and getting the darn SWG working.
    Central Md. 37 X 21 24K IG Custom Gunite with Anvil Quartz finish. Raised Spa.
    Sta-Rite Natural Gas Heater. Intellichlor IC-40 SWG, Sta-Rite 450 sq ft. Cartridge Filter.
    Pentair 1.5 Hp Variable Speed Pump. TF100. Dolphin Z-5. First swim 5/26/16

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    Rsmith's Avatar
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    Re: Know a good Lawyer?

    Update.. Had pool place come out. Turns out the SWG was never wired to panel. Works like a charm though I am still learning how the panel works. PB has still not come back to finish the pool. We sent him a certified letter with a proposed finish date (this Friday) and he has informed us that he will not be able to make that date. We are now searching for another company to come and finish our pool. What started out as a enjoyable and exciting project has now become a nightmare for my wife and I. Very disappointed in how this has turned out. I'm afraid that my PB wont offer any warranty on any of the work( there are footprints in the plaster finish and a few chips and scratches that need fixing as well as scaling in the deep end). I only wish I had found you guys first. Would have known what to ask, why to ask and what to expect. I will crucify this company on social media once were are done.
    Central Md. 37 X 21 24K IG Custom Gunite with Anvil Quartz finish. Raised Spa.
    Sta-Rite Natural Gas Heater. Intellichlor IC-40 SWG, Sta-Rite 450 sq ft. Cartridge Filter.
    Pentair 1.5 Hp Variable Speed Pump. TF100. Dolphin Z-5. First swim 5/26/16

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    Mod Squad pooldv's Avatar
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    Re: Know a good Lawyer?

    Please do not attempt to do so here, we will not tolerate that. And it will certainly not help you with trying to get warranty work.

    Be sure to follow NPTs guidelines for pool start up here, Overview | National Pool Tile Group

    Scaling is a water chemistry problem that you need to manage by managing PH, TA and CH. Enter all your test results In Pool math and it will calculate your CSI. Keep that number between -0.3 and 0. Properly managing your water chemistry can add a decade to the life of your plaster and years to your SWG.

    More here, Pool School - Calcium Scaling
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    2012 build and pics, 20k gal gunite, black onyx pebblesheen, OK flagstone, IntellifoVS, cart filter w/Pleatco, IC40 SWG, Solartouch, 5 12'x4' solar panels, HP50HA heat pump, 8mil solar cover, borates, TF-100 test kit, SONOS, Doheny's Discovery Robot, hot tub on bleach

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    Re: Know a good Lawyer?

    Ugh. Well, at least you have chlorination now. :P
    8,500gal plaster in-ground with attached spa, two floor drains, one skimmer. Chlorine, City Water.
    Pentair WhisperFlo 1hp Pump, MagnaTek Midcentury EPlus motor, Pentair CleanNClear 200SF Cartridge filter, Purex Triton MiniMax 250 Gas Heater, Pentair SunLite, AutoFill.
    Kreepy Krauly Cruiser, TF-100 with SpeedStir. :D

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    Rsmith's Avatar
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    Re: Know a good Lawyer?

    Thanks for the link pooldv. My numbers are great thanks to this site and all of you great folks here. My problem was that after the pool was filled he sent me an email telling me to watch my PH and TA without any startup chemicals or instructions on how to do that. It was a week before I attended a local pool school and then another couple of days before I got the water tested and bought chemicals. The damage had already been done. Of course now he says its my fault because I didn't stay on top of the maintenance.
    Central Md. 37 X 21 24K IG Custom Gunite with Anvil Quartz finish. Raised Spa.
    Sta-Rite Natural Gas Heater. Intellichlor IC-40 SWG, Sta-Rite 450 sq ft. Cartridge Filter.
    Pentair 1.5 Hp Variable Speed Pump. TF100. Dolphin Z-5. First swim 5/26/16

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    Mod Squad pooldv's Avatar
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    Re: Know a good Lawyer?

    Ok, with a light coat of scale you can lower your CSI to -0.6 to -0.8 and brush daily. This should help dissolve it slowly.
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    2012 build and pics, 20k gal gunite, black onyx pebblesheen, OK flagstone, IntellifoVS, cart filter w/Pleatco, IC40 SWG, Solartouch, 5 12'x4' solar panels, HP50HA heat pump, 8mil solar cover, borates, TF-100 test kit, SONOS, Doheny's Discovery Robot, hot tub on bleach

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    Re: Know a good Lawyer?

    Look I don't want to be too critical here and your PB has treated you poorly. However, this is not that much money. Tell your PB you will complete the work and deduct from the final amount due.

    If he sues you it will be in small claims so its not going to be a big deal. If he files a mechanic's lien most judges I know would crucify him. If he threatens that remind him he has the burden of proof.
    22k gallon IG pebblefina, Jandy 1.5 HP VS, Jandy CV Cartridge filter, Fafco solar panels, Polaris 360 supply side cleaner, waterfall

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    Rsmith's Avatar
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    Re: Know a good Lawyer?

    Scrub with a steel brush?
    Central Md. 37 X 21 24K IG Custom Gunite with Anvil Quartz finish. Raised Spa.
    Sta-Rite Natural Gas Heater. Intellichlor IC-40 SWG, Sta-Rite 450 sq ft. Cartridge Filter.
    Pentair 1.5 Hp Variable Speed Pump. TF100. Dolphin Z-5. First swim 5/26/16

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    Rsmith's Avatar
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    Re: Know a good Lawyer?

    Already started that. Pool company fixed the SWG to the tune of $280.00 and he knows I'm deducting that. I told him yesterday that I would seek bids to finish job and he is OK with that. What bothers me the most is that he just doesn't seem to care. He collected 92% of his fees at this point and has moved on. If I treated my customers that way (I run a car dealership) I would be out of business. I don't know who did the plaster work and that repair might be expensive. I may end up having to sue him to get that fixed. On the flip side, the water is wonderful and my family is in that pool just about everyday. Isn't that what its all about anyway?
    Central Md. 37 X 21 24K IG Custom Gunite with Anvil Quartz finish. Raised Spa.
    Sta-Rite Natural Gas Heater. Intellichlor IC-40 SWG, Sta-Rite 450 sq ft. Cartridge Filter.
    Pentair 1.5 Hp Variable Speed Pump. TF100. Dolphin Z-5. First swim 5/26/16

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    Mod Squad pooldv's Avatar
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    Re: Know a good Lawyer?

    Quote Originally Posted by Rsmith View Post
    Scrub with a steel brush?
    We typically do not recommend using a stainless steel brush for the first year while the plaster is still curing. I would use nylon and see if you make some progress with that. If not then carefully brush scale only with the steel brush.
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    2012 build and pics, 20k gal gunite, black onyx pebblesheen, OK flagstone, IntellifoVS, cart filter w/Pleatco, IC40 SWG, Solartouch, 5 12'x4' solar panels, HP50HA heat pump, 8mil solar cover, borates, TF-100 test kit, SONOS, Doheny's Discovery Robot, hot tub on bleach

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