Can i fire my PB

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#88

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May 26, 2016
9
Vacaville ca
Hello. Back in February I was excited to sign the contract for our new pool. The permit was pulled in March and the dig started in April. Needless to say it has been a slow process. According to the contract they have sixty days from the start of the job to finish the pool. We are coming up to that point. They have the forms for the deck done. They need to do the plaster and install the pool equipment. Can I fire the PB and hire the subs myself? Do I still owe them the money that has not been collected?

Thank you for any advise
 
Certainly, you can deal with him any way you see fit. I don't think it's for this forum to get in the middle of that disagreement. Communicating with him and trying to "save" the deal is usually the best bet but not always possible.
 
What you can do and what the contract says and what it will cost in time and money if a lawsuit stems from it are all major factors that you cannot predict. Always best to try to have a professional and civil conversation to work it out. If that fails after a couple of attempts then you have to do what you have to. But, I wouldn't push them against a 60 day wall and withhold payments without them agreeing. If you end up in court they will likely be able to prove reasonable business delays if they are only a week or two behind schedule. Then you will end up paying them, a lawyer and the new subs. Plaster, deck and equipment can all be done in less than a week.
 
88, I have been a business owner for 15 years now and I can tell you make sure you have things in writing for any demands you send. Also log any calls or updates you receive. I would talk to them and ask for an updated timeline because you feel they have not met there end of the agreement. If you withhold payment for completed work the contract works in their favor and ends up costing both sides unnecessary money. I would just be upfront with the company and try to talk to the owner if you can. It's always better to give someone a chance to finish before opening up another can of worms. Just stay on them every few days and keep good notes! It helps later on if you do have to go the other route. Good luck!!
 
If delays were caused by subs that are overbooked and didn't meet promise dates, than the PB has little ability to drive the schedule and although frustrating, it's likely best to civilly discuss what can be done to expedite remaining work.

If the PB has been non responsive, missed agreed upon dates with their own crew, etc (things they have total control over) then it maybe worth having a firm discussion that they are "technically" in breach of contract (assuming you've read all language end to end and there is no wiggle room on the date) and need to get their act together. It may be a case where they are overextended and since you've been accommodating and haven't complained (more than their other clients), they sacrifice your build to address their other customers.
 
Before I would give you any advice I would want to see your contract and all the communications with the builder.

Remember you are in California and filing a mechanic's lien is a relatively simple process for the PB. Removing can be not so fun and often requires an attorney.


So sure you can fire him. But talking is almost always the better solution. Hard straightforward critical conversations.
 
Thank you guys for the replies. I have been keeping notes and phone call records. It is aggravating when they have only worked 10 days over the past 3 months. Yes plaster, deck and equipment should take less than a week if they show up. This is a basic pool and i do not believe it should take this long. I have another question about concrete but will see if i can find the answer in another thread.
 
Yes, it is definitely frustrating to watch hot summer days go by waiting for your pool to be finished. But, you'll have many years of great times swimming soon.
 
Ask your concrete question here.

Look, I'm not there. But one thing you need to understand is that Pool builds take longer in California. We have a series of required inspections.

My concern is why is the PB not getting the crews there in a reasonable amount of time. Is this a small guy or a larger builder. Is he having cash flow problems? How many pools does he have?

At this time of year it may be difficult for you to get subs too.
 

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