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Thread: Odd question re maybe breach

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    Odd question re maybe breach

    Guys I wasnt sure where to post this but I have a question. Has anyone else here had a problem with pool contractors installing pool and promising to show how everything operates and give chemicals and never comes thru on the promise? He completed the work but completely left me hanging on showing the ins and outs of how everything operates, etc. Also its been couple months and still havent seen any chemicals from him yet
    23k,IG vinyl,vs Hayward pump,sand filter,SWG, built 4/14

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    Mod Squad tim5055's Avatar
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    Re: Odd question re maybe breach

    Quote Originally Posted by arieyellow View Post
    Guys I wasnt sure where to post this but I have a question. Has anyone else here had a problem with pool contractors installing pool and promising to show how everything operates and give chemicals and never comes thru on the promise? He completed the work but completely left me hanging on showing the ins and outs of how everything operates, etc. Also its been couple months and still havent seen any chemicals from him yet
    Do you have it up and running or is it a swamp right now? Him not giving you "any chemicals" may be a good thing as all he would probably give you is a bucket of pucks and some granular shock.
    TFP Moderator 39 X 18 23,000(ish) freeform gunite; built 2007ish; Pentair Triton II TR100 600lb Sand filter; 2 HP Pentair pump with 2.2 HP AO Smith single speed motor; 2 skimmers, 1 main drain, 4 returns w/waterfall, Stenner 45MHP2 3GPD running@ 60% - 15 gal Tank; heated by the sun CYA 200+ when I started - 50 now. Dolphin Supreme M5 Pool Cleaner. Hot Springs SX Spa, 285 gallon

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    Re: Odd question re maybe breach

    It is up and running thanks to you guys lol! Without this forum though I would have been in a mess. My problem is we got into a huge argument today because now two months later he has showed up wanting his last $1000 when I tried to get him few times to come get his money, bring my chemicals and show me how everthing operated. Im just wondering is this normal business practice with pool cos? He did promise not to leave me with big pool of water and thats exactly what he did. Everything I know so far is from this forum which I am deeply grateful for.
    23k,IG vinyl,vs Hayward pump,sand filter,SWG, built 4/14

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    Mod Squad jblizzle's Avatar
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    Re: Odd question re maybe breach

    Well, was any of that in written in the contract or just something he said? If it is not written down, then you likely do not have much ground to stand on in refusing payment (as much as I am sure you would like to). Up to you how hard you want to fight them.
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    Divin Dave's Avatar
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    Re: Odd question re maybe breach

    Im not surprised. Unfortunately, a lot of PBs although probably having good intentions, just cant get it done.
    Divin Dave,
    IG Vinyl, 15' x 30', 3 1/2' - 6' deep, Oval, ~15K gal, Intelliclor IC40, Intelliflo VS pump, Clean and Clear 420 Filter, auto-fill-disabled, Retrofit LED Color Light, Dolphin Nautilus Robot, TF100 Test Kit, Taylor K1766 Salt Test Kit, Tftestkit Pressure Gauge.
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    Re: Odd question re maybe breach

    Yes fortunately for me I have it in writing. This is just all starting to be a headache! Thanks for the opinions guys
    23k,IG vinyl,vs Hayward pump,sand filter,SWG, built 4/14

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    Mod Squad JVTrain's Avatar
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    Re: Odd question re maybe breach

    If it were me, I'd not pay even if it wasn't explicitly stated in the proposal/agreement but I'm a stubborn arse. You deserve to at least be taught how the equipment works. Most people can figure it out with searching here for help and trial and error, but errors can be costly if unfamiliar. The chemicals... meh. But the familiarization with equipment should be a basic requirement as part of an install.
    Joel - TFP Moderator - Minnesota - **Become a TFP Supporter!** Helpful Links: ABCs of Pool Water Chemistry - SLAM Procedure - Chlorine/CYA Chart
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    Re: Odd question re maybe breach

    I don't think it's common but it doesn't matter if you are the one in thousand it happens to. Like the TV series on catching home remodelers who start the job and get money and poof, never seen again and the person/couple have a half done disaster and likely not even the materials to finish it.

    How much of that $1,000 do you think he owes you for your aggravation ?? I'd pay him the balance and if he wants to fight it that's what a court is for. BUT, I'm not a lawyer, I don't know what's in your contract or if you even had one and if you have any documentation on the training, chemicals and calls to him. Reading it if I was you I might want my pound of flesh or at least some arbitration before handing any more $$$ to a guy who stood me up like that. If you didn't give him a bad time and paid him what he wanted to do the job, the job should have been done.

    If you're lucky the "show you how to operate" and the chemicals/supplies were written down. Any chance of you keeping a phone log of all the calls to him trying to get help and the balance of what you were told you'd get ??
    Most of all did you already give him the grand
    '70s IG Vinyl 32K gal, Lazy L, Hayward SuperPump 1.5hp 120V, S240 Sand Filter W/DE
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    Re: Odd question re maybe breach

    No lol he came today two months later and that's when we got into argument with me because I let him know how shady he was. Yes I have it in writing that he would show how everything operated what good it did to have it in writing. They certainly don't hold up their end of the bargain!!
    23k,IG vinyl,vs Hayward pump,sand filter,SWG, built 4/14

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    Re: Odd question re maybe breach

    I'm a little prickly so all I can say is . . . IMHO I'd make it difficult for him to collect the balance since in my mind the job was not completed and you needed to complete the job by finding and "attending" Pool School and replacing the chemicals he was supposed to give you. That's time you spent replacing the knowledge he was supposed to give you and additional money you spent out of pocket to get the chemicals needed.

    Like they said above the chemicals he would supply are likely the expensive pool store stuff so you are money ahead if you just deduct them from the $1,000
    I'd make out a bill or receipt depending on how you look at it with two subtractions from the $1,000. One for schooling and one for chemicals and cut him a check for the balance. On the pay to line after his name and again in the comments line at the bottom I'd have "Paid In Full" and offer it to him. All he can say is no. Not sure he would want to drag out litigation and pay a lawyer as it'd likely cost more that a grand just in fees.
    You save money, he cashes check and you are legally done with him and you have the cashed "Paid In Full" check to prove it.

    Time to have a libation while kicked back on your floater in the pool !!
    '70s IG Vinyl 32K gal, Lazy L, Hayward SuperPump 1.5hp 120V, S240 Sand Filter W/DE
    Solar Blanket, Well Water, Borax Added, TF-100 tester. ? too cold
    1979, 275gal Conway Emerald Spa P-100-2, ES-2 Spa Pack, bromine floater, indoor
    TF-100, Best test kit - TFTestkits.net
    Please help keep the lights on, become a TFP Supporter!

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    Re: Odd question re maybe breach

    Thanks everyone! I really appreciate all the honest opinions
    23k,IG vinyl,vs Hayward pump,sand filter,SWG, built 4/14

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