Do i have any recourse?

[janeyd]

Prefer not to go into detail as the build is far from complete...the pool that we will receive when its finally completed (4.5 months and counting) will be significantly different from the original concept!

Stone veneer color...we chose a nearly white veneer from the sample walls (both in and outside). We got black and tan. We were told stone is natural...it varies.


It appears they went ahead and just built assuming a solid decking surround. Our original plan of a pool with a coping edge (that floats above soil level) and flagstone pavers with grass between is no longer suitable and the builder is pushing the typical solid surround (and actually had to gall to try to upsell).

Advice? Do we have any recourse? Like I said, this pool will be significantly different from our concept (we even gave the designer a diagram and cross section of our pool design).

 

[jblizzle]

We are a bunch of pool owners, helping other pool owners ... not likely a good source of legal advice, unfortunately.

That said, there are certainly things you could do if you have a well written contract and they are not following it. But that will require getting lawyers involved.

 

[cwescapexlt4x4]

My thoughts would consist of this:

- Did you have at any point the chance to STOP the work to make it right, or have them locate the correct/ordered material?
- What has been expressed to the PB/Designer and higher up if needed. Easier to make it right the first time (and cheaper) for everyone.

Hope this works out for you.

 

[Just-a-PB]

When you buy from a production builder, you get a production pool.
Stay with smaller, better priced, better quality pool builders.
Don't sign a contract and get issued a number.

 

[janeyd]

When you buy from a production builder, you get a production pool.
Stay with smaller, better priced, better quality pool builders.
Don't sign a contract and get issued a number.

We did go with a smaller custom PB...one that appeared to have a good reputation...we did our research.

 

[Just-a-PB]

Sorry, I mixed up my threads, wrong state even.

 

[gwegan]

Do you have plans and a written contract? Are these on the plans or a spec sheet? I agree that pool builders build what they are accustomed to rather than the plans, but in my limited experience the production builders are better at following the plans. You need to be there as the owners rep every day and talk to the crew as they are working. See what is delivered. As the owner you have an obligation to provide some supervision.

That said, have a serious heart to heart with your PB, tell him how disappointed you are. Point out to him any differences between the plans and spec sheet and the work. Tell him specifically what you want. Be nice. Then shut up and let him make an offer. If he doesn't then you know you have a problem.

If it's important you may want to invest in an attorney letter. $300 to $1000. See how he reacts then. But the wrong shade of rocks isn't something an attorney will want to put in a letter. The wrong style of coping or decking yes. Objective deviations from the plans are actionable.

One factor is your payment schedule. As a general rule you should retain at least 10% until after the final inspection and sign off by you of all punch list items.

Remember the contractor may have lien rights. That is a battle you don't want to be in.

 

[Kiss4aFrog]

Time for a visit to a lawyer for a free consultation with all the documentation you have. If you haven't started yet, start to document each conversation you have with your builder.