It's Pool Repair Weekend!

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And today I recd a letter from his atty - pay within 10 days or we sue and put a lien on the house.
[sigh.]

So here's where the biggest issue lies . . .

We had a verbal contract for him to care for the pool at a rate of $X per week, plus chemicals. Question is, what does "care for" include?

Timeline:

Week 1 -
Friday: filled pool with water. He was supposed to come that afternoon, but a relative of his died and he couldn't. (Understandable.)

Tuesday: He goes to pool and calls to tell me there are some spots on it. He isn't sure what it is.
Checks chemistry and adds a bunch of granular.

Thurs: adds algaecide.

Week 2: cleans and adds chems. Contacts me and says the spots have exponentially multiplied. He isn't sure what it is or what to do.

Week 3: cleans and adds chems; he takes sample to pool store and discusses. All chem levels are on target. He and pool store are perplexed.

Week 4: cleans and adds chems. spots have multiplied again. Tells me he'll do some internet research to look into it.

Week 5: cleans and adds chems. He couldn't find anything on Internet. Tells me to google it and see what I can come up with. (My thoughts were "why am I having to look this up? It's what I pay you to do.")

Week 6: I send him a link to how to correct metal in water from TFP. He tells me he's too busy and doesn't have time to mess with it. I find someone else to care for pool.

Week 7: new pool guy goes out and it takes him 8 hours to remove spots with vacuuming and a brush. Adds chems.

Week 8: new guy cleans and adds chems. no signs of any new spots.

Total invoices from old guy: $550.
Invoice from new guy for 8 hrs + chems: $400.

I tell former guy I'm paying him $150.

Former guy says I did not hire him to take care of the pool, but that I hired him to open the pool, balance the chems, clean it, and maintain it.

1. Am I correct in my thinking that the definition of "taking care of the pool" would include balancing the chems, cleaning it and maintaining it?;

2. Had he done the above things (properly) the "whatever" that was on the pool would have been reversed and/or would not have gotten to the point where it took 8 hours to remove it;

3. It was his responsibility to figure out what it was and correct it; and

4. He breached the contract when he said he didn't have time to figure it out.

The one single thing that makes me sway is his point that had he showed up on the first day and found a leak, would he have been responsible for repairing the leak? I do not think that would have been his responsibility.

Taking out the fact that lawsuits cost money and time to defend, have I done the right thing here?
 
I think it boils down to what will it cost you to fight it vs. just paying it or negotiating a slightly higher price. Doesn't sound like either of you have any paperwork or written contract. I'm not 100% but there may be costs associated with trying to clear the lien. Have you tried offering him a slightly higher amount to see if he will go away? If he accepts any settlement get a clear written receipt indicating you have paid in full or he can still put a lien.
Hope you come up with a solution! Your pool looks fantastic after all the work that was done!
 
He was quite adamant about not accepting the $150, but I sent him a check anyway to show that I'm trying to do the right thing, and in the hopes that his atty would tell him he's in the wrong and to cash the check.
Would I send him another $50 to make him go away? Likely. But unless I'm in the wrong here, that's the extent of my generosity.
 
Suz, I can contact JAG, but they're not going to know what's "standard" to be included with pool maintenance, and I THINK that's the primary issue.

I'm hoping a few folks who own a maintenance co and/or an atty or two with knowledge of how NC handles verbal contracts might chime in?

But like I said, I'm not trying to beat the guy out of his money if the opinion is that I owe it to him.
 
Seems like this would fall to small claims court. And his attorney fees would be more than the supposed debt. Might be bluffing with the letter. With no written contact, hard to say what would happen.
 
Yah, it's definitely the standard "pay within 10 days or be sued" letter. I fully expected it.
As quickly as I received the letter, I'm guessing the atty is either a relative or perhaps his wife or child works at the attys office. (Ask me how I know. [emoji6])

But beyond the law of the matter, I want to morally do the right thing.
 
Morality - interesting subject. And very personal. You haven't asked directly, but you've made that statement before, so I'm thinking you want an opinion. In this case, I see 3 options - none of them right or wrong in my books.
I'll use myself as the example.

a. I will be disappointed in myself, if I don't stand up for my belief that I am right. He failed me. It's the principle here that matters most and worth the effort.

b. At some level, I think he genuinely believes he did right by me. I'm disappointed in him, but maybe I failed in clarity. With both of us responsible, I will offer to pay half the bill, and he can eat half.

c. The customer is always right. An honorable business would practice that and try to first attempt an amicable compromise. But that's not whom I dealing with. He's wrong, and in my heart, I know I'm right. But it's NOT worth it. I'll pay, be quickly done with it, and move on.

There's my .02 fwiw. I hope you'll get some other perspectives. I'm sorry you have to make such a tough decision. I'll be thinking of you and sending lots of positive energy!
Take care. Suz.
 
SuzfromTexas said:
Morality - interesting subject. And very personal. You haven't asked directly, but you've made that statement before, so I'm thinking you want an opinion. In this case, I see 3 options - none of them right or wrong in my books.
I'll use myself as the example.

a. I will be disappointed in myself, if I don't stand up for my belief that I am right. He failed me. It's the principle here that matters most and worth the effort.

b. At some level, I think he genuinely believes he did right by me. I'm disappointed in him, but maybe I failed in clarity. With both of us responsible, I will offer to pay half the bill, and he can eat half.

c. The customer is always right. An honorable business would practice that and try to first attempt an amicable compromise. But that's not whom I dealing with. He's wrong, and in my heart, I know I'm right. But it's NOT worth it. I'll pay, be quickly done with it, and move on.

There's my .02 fwiw. I hope you'll get some other perspectives. I'm sorry you have to make such a tough decision. I'll be thinking of you and sending lots of positive energy!
Take care. Suz.
Click to expand...

I always want opinions Suz, and I thank you for yours! There's a bit of a, b and c all running through my head.
 

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A verbal contact is a contract with same force as if it was written.
A contract becomes binding when an offer is extended and agreed upon.
In legal terms, it's a meeting of minds.

The issue you might have is proving that such agreement took place and what the details were.
If you have a witness, or better yet a voicemail or other proof, then it'll be that much easier to prove your case.

BTW, acceptance of the $150 check could be considered payment in full, depending on circumstances; that might be a reason he's not accepting it.
 
Mario P said:
A verbal contact is a contract with same force as if it was written.
A contract becomes binding when an offer is extended and agreed upon.
In legal terms, it's a meeting of minds.

The issue you might have is proving that such agreement took place and what the details were.
If you have a witness, or better yet a voicemail or other proof, then it'll be that much easier to prove your case.

BTW, acceptance of the $150 check could be considered payment in full, depending on circumstances; that might be a reason he's not accepting it.
Click to expand...

No issue on IF there is a contract. Both of us agree there is. And I'm sure you are right about the check - on both sides.

The issue is what is included in cleaning and balancing the chemicals in the pool? And if something goes horribly wrong, is it the pool guys responsibility to make it right?
 
Wrote a return letter to the atty. Haven't heard anything back (good or bad)..

Update on the pool surface.:
We were traveling through the area last week and stopped to see things in-person.

The paint has a few tiny spots (less than pencil eraser size) where it is chipping. So few that at this point, could just be a fluke, but I sorta doubt it.

We are still satisfied with our DIY repair. At this rate, even if the areas are chipping, we will get a minimum of 2-3 years before another coat would be necessary.

$2k for a 3 year fix is much easier on the wallet than $10k for a 20 year fix.

Other good news is that it appears the pool is no longer leaking! Hooray! Given, area has had a lot of rain but tenants report they have yet to have had to add water.

SWEET!
 
Here we are one year later, and I'm THRILLED to report that our pool is leak free!
Never did I think our biggest issue would be getting the water right!

Pool guy (and pool store) believe recurring algae is from where we pressure washed and repainted (without sandblasting). They believe algae is collecting in the grooves from the new paint. I think they're wrong. We shall soon see!
 
YippeeSkippy said:
Just read this thread thru...what an industrious woman you are! I am impressed.

As to the reoccurring algae- are the tenants or caretaker brushing?
Click to expand...

Well thank you, but I can't take credit for any of that labor. I was just the brain with a computer and a LOT of research and phone calls. I'm just happy to pass along the info to anyone else wondering the same thing I was. It did feel as though I was inventing the wheel!

Last year the pool guy (the second one at least) was definitely brushing - to the tune of hours upon hours every week, usually 3+ times per week (he lived a few houses down).

Our previous pool cleaner (that retired) prior to starting this adventure (for 5+ years) would come once per week and be gone in less than 30 minutes.


20x40 in-ground concrete "vintage" pool
Approx 38k gal
Concrete, plaster and epoxy paint
Sand filter
DIY plaster resurface repairs completed 6/2015.
 
TWO + YEAR UPDATE:

An update for any interested -
My husband was at the house last week. Said the repairs - patches and paint - are holding up beautifully! No cracking, peeling or any type of evidence of repairs.

Saved a MINIMUM of $8k (lowest quote was $10k, highest was $30k) by spending an extended weekend doing some elbow grease and back labor and spending a LOT of time doing research. (Also took a few chances.)

This is SO extremely gratifying!

Tenant is using a cleaning service to maintain the pool (despite my hard encouragement to use TFP). Pool was kept open and maintained over the winter. Haven't heard any complaints about the water bill.
 
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