Under Construction in Cypress Texas

[rborn]

Hello all,

My family and I have decided to put in a pool. The dig was Monday, and did not go very well. The crew that excavated the pool did not slope it correctly; the depths are correct, however only on one side of the pool. The pool company is of course stating that this is the design that I signed off on, however slope angle was not in the contract, just vague to and from depths. I did specifically tell the salesman that I wanted the pool to slope from the left side to the right side, but the construction crew sloped it from bottom left, to the top right of the pool. This is kind of hard to explain, so I apologize if this is unclear.

There is also another issue where 6" of the backside of the pool is beneath the existing grass, due to the slope of my yard, which means water runoff would constantly be running into my pool. I was told after the dig I would be responsible for resolving this issue as well.

My issue now is that I have a huge hole in my backyard, and the pool company wants to continue with the next step of construction without fixing the slope issue, or the drainage issue.

I am not a pool professional, and would have expected to be informed about the drainage issue during the layout stage, in addition to the supervisor going over the direction of the slope.

I feel that the pool company is basically doing whatever they want at this point, and do not care whether or not it's correct.

The pool walls are already to starting to slightly cave in, and the supervisor told me if I stop the project I am responsible for the cost of fixing the cave in issues.

What rights do I have as a consumer?

 

[jblizzle]

Welcome to TFP!!!

I feel that the pool company is basically doing whatever they want at this point, and do not care whether or not it's correct.

Unfortunately it seems that this is often the case. You have to decide what you want and then make them make it right. Although if nothing is written int he contract, the fight is going to be harder.

With the pool below grade on one side, you are going to need to have a retaining wall and/or drainage added to avoid it going in the pool. Sounds very unprofessional if this was not previously disclosed and discussed.

 

[rborn]

Thanks for the welcome jblizzle.

I just got a call from the GM of the pool company, and he said they would add rock the the portions of the coping that need it to keep the water from running into the pool, and he'd pay for for it, so that's good. I hope that will do the trick.

He also mentioned he could not do anything about the slope due to APSP standards, so not sure where to go on that one.

 

[grottoguy]

It's very difficult to know what rights you have, as the relevant law would be your local law. However, the key question is how much have you paid them already and is that amount more than the value of the work completed.

I would insist that they fix the slope (even if you have to pay more) because you will never be happy with what they did. I would, of course, argue that they are in violation of the contract and that they did not have the unilateral right to compel you to accept any particular slope, and that absent an express written provision, they were obligated to slope it as you instructed them orally. That argument likely will not ultimately persuade them, but it may encourage them to work with you on the alterations (i.e., reduce their normal charge to a reasonable accommodation). But read the contract carefully and see if you can find anything to further your arguments.

 

[grottoguy]

Ask him for a copy of the standards and then check with your pool inspector whether your locality is bound by those restrictions. People say things all the time that are not true - sometimes because they are lying and sometimes because they are unaware. I would go to your township and ask them what is permitted. Even if they cannot approve what you want, they may be able to approve something other than what he did.

 

[ricky12]

Rborn, what part of Cypress are you in? and What PB did you go with? I am about to start construction on mine in Cypress, and may need to discuss this before hand with the PB before the dig. I am glad I saw this thread.

Please keep the names out of this thread. PMs are fine. Thanks, jblizzle

 

[ErikU19]

interested in the builder as well.

please keep us posted.

 

[rborn]

Thanks for all the replies, great knowledge. Send me a PM for more info.

 

[Casey]

Oh boy... Keep us updated.

 

[kimkats]

NOT fun Keep us in the loop of what happens.

I wish I had some words of wisdom for you. All I have is a HUG.

Kim

 

[rborn]

Thanks for the support everyone.

Looks like we have bigger issues. Check out the pics. What is the best way to fix this?

The first pic is how it looks today, the second pic was how it looked the day after the dig.

 

[kimkats]

Round up full strength???

You must feel sick seeing this. No words of wisdom. So sad

Kim

 

[bmoreswim]

You shouldn't have to worry about a thing. Your PB should tell you, 'no problem RB, we'll have that pumped out, dug out and framed up with backer boards to spray against tomorrow. Only a day's delay to the gunite." Ideal world of course but tell him that's what you expect if he doesn't come out and say it.

 

[JayBauman]

Weather happens. I'm sure your PB has had to deal with dirt caving in when there's a lot of rain between excavation and gunite. This is not something for you to worry about. If the contour of your pool bottom is not what's in your contract and/or design documents, then this is what you should spend your energy dealing with.

 

[rborn]

We ironed out the slope issue, it was miscommunication.

The sales guy and the GM of the pool company are pretty awesome with their communication, it's unfortunate that communication isn't one of the construction supervisor's strong skills. When ever there have been issues, it has been the sales guy and the GM that have worked through the issues with me. Maybe this is the way it works?

 

[rborn]

Gunnite was installed today.

There was an issue with the steel that was bent for the steps, so it was removed by the gunnite crew. What this means is there is an area of the steps that is not steel reinforced. I am not sure if this is an issue.

The slope is also not at the correct depth as drawn and promised in a certain area of the pool. I am not sure how the PB will fix this or what creative BS the supervisor will tell me.

There are also a few holes in the bottom of the gunnite. Does anybody know what these are for?

My salesperson is setting up a meeting with the owner of the company as he feels my issues have not been addressed appropriately.

- - - Updated - - -

To clarify on the holes in the bottom of the gunnite, I can see the earth through these holes, gunnite was not added in these holes.

 

[pooldv]

Holes are weep holes for ground water. They will be filled in when they plaster.

 

[rborn]

Holes are weep holes for ground water. They will be filled in when they plaster.

Thanks pooldv!

 

[rborn]

How much cost is involved with changing the slope after gunite has been installed? The pool should be 6-8" deeper in about a 60 SF area of the pool. I told the supervisor on multiple occasions about the slope issue. He finally admitted there was an issue today.

 

[JayBauman]

The "missing" steel in your steps is not a problem. The mechanical stresses on the steps are not great enough to need pool wall-type reinforcements.