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Thread: How Upset Should I Be?

  1. Back To Top    #1

    How Upset Should I Be?

    I apologize for the long post, but I'm not quite sure what to do. We had a pool built in 2012, and it was a solid nightmare (wrong location, took almost 7 months, dimensions wrong, etc.). Our builder sold us on going with Premix Marbleite Marquis finish because of its reputation, warranty, etc., and we confirmed that ourselves through independent research, so we paid more for that product and had it specified in our contract. We of course has to pick out the finish color too. All of that is in our contract, and the pool color sheet that we signed when we selected the actual Premix Marquis color.

    After our pool was done, and as late as last week, we thought the pool was significantly lighter blue than the Marquis brochure with the color we selected but attributed that to sunlight, shadows, reflection, etc.

    Anyway, about one week after the pool was first filled, we started seeing brown splotches on the finish. It looked like the finish was stained with a bunch of small blooming spots. The splotches are everywhere in the pool now, and our builder finally finished its investigation and told us last week that Premix had impurities in the finish mix which is causing the stains to appear. The proposed fix was draining the pool and a muriatic acid wash. I wasn't happy that it would be acid washed, but just to confirm that it was the appropriate fix I called Premix today.

    Premix tells me that we don't have a Premix finish because our builder's sub used a completely different manufacturer's product (which apparently did have impurities). Premix was aware of the issue because our builder apparently had this happen with about 15 other homeowners in the area who had pools built around the same time as ours. When warranty claims were called in recently, Premix inspected the pools and saw that it wasn't their Premix product. My pool builder has known for some time that we did not recieve the Premix product that we contracted and paid for, and hasn't said a word to us about it. To the contrary, I called the builder today to confirm that we had Premix (just to see what it would say), and the builder's warranty person said of course we had Premix. When I mentioned that I knew we didn't have Premix and had just spoken with Premix about our pool and the issues they are having, she quickly transferred me to someone who said this was news to him but that he was new to the company.

    First, am I being unreasonable to insist that the builder put the Premix finish that we contracted for, and paid for, based in part on its claim that Premix was the best in the business? I'm sure I'm going to be told now that the finish we have is a great finish, etc. One big difference is the Premix warranty (10 years) v. the other company's warranty (5 years).

    Second, I think this may explain why the water appears so much lighter than the Premix color we chose.

    Am I being unreasonable, or is this a common occurrence? Am I wrong to expect our pool builder to have been upfront with me about the Premix v. other product when it found out a month ago?

  2. Back To Top    #2
    cbink's Avatar
    Join Date
    Feb 2013
    Houston, Tx

    Re: How Upset Should I Be?

    If your contract states premix I think you have every right to insist that is what you get.
    Did your builder sub out the finishing? Is it possible they didn't know that Premix was not being used?
    In any case if it were me I'd insist on it being refinished with the product I paid for.

    Sorry to hear of your issues. I hope it gets resolved for you.
    38'x24' freeform IG gunite, 26k gallons, 3.5' - 7'
    8t Moss rock waterfall with gunite slide
    SWCG, 2 x 2.7hp Hayward Tristar pumps, booster pump, 425 sqft cartridge, 400,000 BTU heater, Polaris Black Max 280, ProLogic PS8 & Aquapod

  3. Back To Top    #3
    Mod Squad Bama Rambler's Avatar
    Join Date
    Jun 2009
    SouthWest Alabama

    Re: How Upset Should I Be?

    Does your paperwork specifically state Premix as the coating?
    If it does then you have every right to get what the contract calls out. Unless they have a signed change order where you (or your representative) acknowledged changing it to something else.
    Dave J. TFP Moderator
    24' x 52" Round AGP. 2hp/¼hp SPL Power-Flo 2-speed pump. 200sqft Waterway Cartridge Filter. 45MHP2(3GPD) Stenner Peristaltic Pump
    Pool School ----- Pool Math ----- TF-Test Kit

  4. Back To Top    #4

    Re: How Upset Should I Be?

    All of our paperwork including the color selection states Premix Marquis and the specific Marquis series color. I suspect our builder didn't know that his sub was doing it, but I do know that our builder didn't come clean when it did find out.

  5. Back To Top    #5

    Join Date
    Apr 2013
    Sacramento, CA

    Re: How Upset Should I Be?

    I would send your builder a written demand that he repair and complete your pool within 30 days.

    You may want to file a warranty claim with Premix so they come out and tell you in writing that you don't have a premix finish.

    I find it difficult to believe your PB didn't know something was wrong when it was done. Didn't the job supervisor look at it? Did they pay the sub without inspecting? Has the sub ever come out and looked at the pool?

    Your PB should be able to tell what was installed. If he can't then your PB is simply incompetent. That is why they are getting a cut here for managing the subs.

    This is probably fraud. You don't state what state you are in but you may want to file claims with your contractor licensing board against the subs license bond (if they have one) and maybe your contractor's license bond. That often speeds things up.

    Additionally, you should probably invest a few hundred dollars and have an attorney look at it and tell you what the best course of action is.
    22k gallon IG pebblefina, Jandy 1.5 HP VS, Jandy CV Cartridge filter, Heliocol solar panels, Polaris 360 supply side cleaner, waterfall

  6. Back To Top    #6
    techguy's Avatar
    Join Date
    Jul 2010
    Antelope, CA

    Re: How Upset Should I Be?

    Don't forget, this is a public forum and anyone can read your comments.

    I would be having a conversation with an attorney to determine the correct steps in getting this resolved. He should be able to cover your legal fees, also.

    Keep a very good log of all conversation and communication. Follow-up phone conversations with confirming emails to document what was discussed.
    -- Guy --
    10K gallons in 21' Round 52 inch wall Aqualeader AG, Hayward Power Flow LX 1.5 HP pump motor, Hayward Perflex EC50AC DE filter w/Cellulose, Wide mouth skimmer, 2013 new Diver Dan (craigslist) to replace the faded old Hayward AquaBug. TF-100

  7. Back To Top    #7

    Re: How Upset Should I Be?

    Quote Originally Posted by cbink
    If your contract states premix I think you have every right to insist that is what you get.
    Did your builder sub out the finishing? Is it possible they didn't know that Premix was not being used?
    In any case if it were me I'd insist on it being refinished with the product I paid for.

    Sorry to hear of your issues. I hope it gets resolved for you.
    I would also encourage you to get some legal advice. I would want to know what is the proper measure of damages. It may be the difference in what he charged and what he should have charged. I wonder if you can force him to redo? Maybe not. You need to know what you can expect.

  8. Back To Top    #8

    Re: How Upset Should I Be?

    Thanks everyone. Funny part is that I am a lawyer. We had a ton of issues during construction, but I get paid to handle other people's legal issues all day so I let a lot of things slide for my pool because the last thing I want to do when I get home each night is start fighting with a builder about my issues. But for me, this might be the last straw.

    I think I'm certainly within my legal rights to insist that the Premix finish be applied, particularly given the disparity in warranties between the two products. Premix has been great and offered to come out when their product is applied to make certain that I'm really getting Premix product. Haven't heard back from the builder yet, but I will escalate this tomorrow if I haven't heard back by then.

  9. Back To Top    #9

    Re: How Upset Should I Be?

    I would ask for the product you purchased to be installed. Simple as that.
    New Pool: 22’ x 35’ | StoneScape Mini - Midnight Blue | ~17,500 gallons | Jandy Equipment - Built spring 2015 (click for details and pictures)
    Old Pool: 16’ x 30’ | QuartzBrite | 14,000 gallons | Pentair Equipment - Built summer of 2013 (click for details and pictures)

  10. Back To Top    #10
    Charlie_R's Avatar
    Join Date
    May 2013
    Mexico, MO

    Re: How Upset Should I Be?

    If your PB balks at giving you what you paid for, how about a lien on his company until he makes good?
    15'x48" 4500 gallon Intex pool, buried 1.5 ft. Pac-Fab Dynamo 3/4 hp pump. Hayward S180T sand filter, bought used. Taylor K-2006 test kit. Rocket mass heater based wood fired pool heater.

  11. Back To Top    #11

    Re: How Upset Should I Be?

    Since you are an attorney, you know the law better in your state than I do. In my state you might not be entitled to specific performance to enforce the contract provision. If you are not, then you would be limited to money damages. How would that be calculated? It could be the difference in value of what was promised and what was provided. That would seem to not be the result that you are hoping for. You could also include your attorneys' fees and maybe some "malice" type damages. But a judgment for damages may only make you feel better for a short time if it is not enforceable.

    Also, as an attorney, you know that you cannot put a lien on the PB's company without opening yourself up to a claim for a false lien.

    I am so sorry that you are going through this. It is a tough situation. You would be advising a client in this matter to be willing to compromise to find a "solution" that you are willing to live with even if it is not what you would want ideally. Good luck.

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