Advice on what to do with pool contractor $14000 unexpected charge

[katiejean13]

Oh, the above also applies to your worry about the extra, small excavation you asked for. Unless the contractor issued a change order for that, too, he can't charge you for that, either. That's not to say you shouldn't pay for that, that's up to your own personal ethics. I'm just saying he can't legally charge for it.

any idea of these change order rules apply in the state of Florida?

 

[Dirk]

any idea of these change order rules apply in the state of Florida?

No, sorry, I just know a little about CA law. But Florida has a licensing board. Contact them to see if they have staff available to help you with those sorts of questions. CA's equivalent, and researching on the internet, is where I learned what I know. Start here:

Licensing Portal - DBPR Online Applications

www.myfloridalicense.com

 

[Dirk]

PS. It does appear that Florida law does recognize the concept of change orders. From a very quickie google:

"A change order is defined in Florida Statutes section 713.01 as labor, services, or materials for improving real property authorized by the owner and added to or deleted from labor, services, or materials covered by a previous contract between the same parties. Nov 11, 2019"

 

[setsailsoon]

I include change order language in my larger construction contracts including a provision that requires they notify me in writing within 48 hrs after they know it exists. Also, no work other than the agreed, written scope will be paid for unless prior written approval of a change order is obtained.

Chris

 

[brimorga]

Update about this, my pool builder and I were able to come to an agreement on an amount and we settled. Both sides are probably not thrilled but satisfied. Mega thanks for all the input and ideas here, it really helped us form a strategy and agree on a path forward.

 

[kimkats]

not thrilled but satisfied

That is good to hear! At least they listened and worked with you! Now what is next?

 

[Dirk]

Thanks for filling us in. "Satisfied" is pretty good, in the range of ways this could have gone down.

 

[Newdude]

Both sides are probably not thrilled but satisfied

It's not fair unless both sides hate it.

Thanks for the update, and glad you are OK with how it turned out.

 

[brimorga]

Now what is next?

I cut them a big check and then badger them for warranty service on my pool cover which already has small holes from dragging over the spa dam wall.

 

[Dirk]

I cut them a big check and then badger them for warranty service on my pool cover which already has small holes from dragging over the spa dam wall.

Perhaps reverse the order of those steps?

 

[Rocket J Squirrel]

badger them for warranty service on my pool cover which already has small holes from dragging over the spa dam wall.

I think you'll find pinholes are not covered by warranty. If the spa dam is causing wear on the cover, the spa dam needs to be smoother. My old spa dam caused pinholes. When I replaced the tiles during a remodel, I got smoother tiles with quarter-rounds for the cover to drag over. Now I no longer get pinholes.

 

[Dirk]

Could something like this help? Maybe not this exact product, but this concept?

Amazon.com: Wall Protex P4118SS Paintable Adhesive Corner Guards : Baby

Amazon.com: Wall Protex P4118SS Paintable Adhesive Corner Guards : Baby

www.amazon.com