New fiberglass pool is full of cracks... HELP!

The builder is holding firm... he is insisting that this is just cosmetic, not structural, and can be fixed (without draining the pool) to the point where you will not be able to see it. I said the shell was damaged during installation and should be replaced, but if not, it was reasonable for me to expect a written pledge from him and the manufacturer that if the shell needs to be replaced at some point it will not cost me anything (including decking, and other "collateral damage") even if beyond his 1 year installation warranty, and that compensation to me for this substandard installation was justified. He was not very receptive to this, only promising that he'd get a letter from the manufacturer saying the install is ok, and that he'd make a phone call to start the repair order for the cracks.


PoolGuyNJ said:
DO NOT LET THEM POUR CONCRETE FOR THE COLLAR! DO NOT PAY ANY ADDITIONAL MONIES AT THIS POINT!

At this point, the pool is pretty much "done" (I assume what you are referring to as the collar concrete has already been poured, with bricks and tile subsequently having been added), and all about about $1,700 has been paid. A few days ago the forms were done for the decking, and they're planning to pour on Tuesday or Wednesday. Here's how it looks now:

IMG_0722.jpg



The pictures show there are at least two hard points under the shell They didn't settle where the rest of the sand did. They caused the pool to come out of level, created the impediments, and thus, the spider cracks you found. It was with the addition of the weight of the water that pressed the pool into them.

Your description is roughly inline with my theory back when I first noticed the unlevelness in March. My big concern was that this was not a case of one end of the pool just being a little lower than the other end, but rather the middle being significantly higher than the ends, thus distorting the shape of the shell. I speculated that possibly the overhanging (as indicated by the shadow underneath it) clump of dirt shown in this photo (right where the 1.5" high spot is) may have been dislodged as the pool was being lowered in.

IMG_0580.jpg


They (the builder and manufacturer) were insistent that this was not from something underneath the middle keeping it higher, but rather it was the result of heavy rain a few days after setting the pool "washing the sand from the shallow end towards the middle" (while it was filled), but in reality the photo I have (the morning after setting, before the rain) shows the middle being higher at that point in time.

Their solution was to partially drain the pool (to about 3/4), use a piece of lumber to lever the shallow end up a bit, while washing more sand in by the shallow end and under the steps. This may have raised the shallow end just a little, but not much.

Anyway, here's a rough illustration that shows the approximate position of the cracks:

poolcracks.jpg


Many of them are subtle... you have to be specifically looking for them. But they're there.


Spider cracks can be fixed but they may show slightly. If I was your attorney, I would demand compensation for before suggesting that you accept that.

Yes, here's the underlying concern that I have. When I first questioned the pool being out of level, they assured me it was not a problem. But now here we are with a bunch of cracks. What's going to be the next surprise? They're assuring me that the cracks can be fixed to the point of being unnoticeable and will likely not reoccur, but will that really be the case? Will it look like a bad patch job, and will cracks continue to form, resulting in a chronic problem that goes on indefinitely? Will that one crack that is higher on one side than the other (which indicates to me that it's more than just a hairline gelcoat crack) worsen and start leaking?


This is the installers fault, IMHO. It should have been caught before the impingement cracks showed.

My gut says they didn't have enough sand in the bottom base for the pool to sit on for a suitable cushion. BTW, sand is a suitable base material unless there is a high water table and flow. It doesn't form voids. It is possible to drop a shell seemingly correctly on the first shot. It is not normal but it can happen.

I believe the installer did check a few spots around the perimeter the night it was set. But perhaps, as you noted, the significant sagging of the ends didn't occur until the weight of the water pushed them down. The next day, he probably noticed it, but did not want to go through the expense and delay of having the crane truck come back out and deal with the nightmare of having it get stuck in my torn-up backyard again.

I'm feeling very conflicted on what to do at this point. My gut tells me that I'm being at least somewhat screwed, that I've been given a substandard installation. But honestly, if during my conversation with the builder yesterday he had said, "I'm sorry, you're right... this installation was not done as well as it should have been. We should have set the pool more carefully, even if that meant bringing the crane truck back the following morning instead of rushing to try to do it that night. And once the pool was full and you noticed the middle being higher, we should have drained and re-set it then. But at this point to start over from scratch will be very expensive for me, and will mean your pool won't be complete for several months. And, I feel confident that, once these cracks are repaired, you will not have any further problems. But I'm willing to put my money where my mouth is by giving you a written pledge that if any further cracks appear, the manufacturer and I will cover all costs associated with replacing the shell.", I would have accepted this. Maybe it would have been foolish to accept this, but I think it would have been a good compromise (we get our pool now, the builder doesn't have to redo the job unless it truly does end up being a recurring problem, and if it does need to be redone, we are assured it will be taken care of at no cost to us, with "only" the inconvenience to deal with (which we'd have to deal with anyway if it were to be replaced right now).

Instead, I'm feeling like I'm being fast-talked and bullied, which is pushing me in a direction where it will quite possibly get much nastier for everyone involved. I don't treat my customers like this, and I'm really surprised that the most prominent pool builder in my town is apparently so intent on creating an enemy (and if I reach a point where I truly feel I have been badly shafted, I will make it my mission in life to ensure anyone researching pools in my area will know my story).

--Michael
 
DO NOT LET THEM POUR THE CONCRETE!!!! If you let them force you into accepting this pool you will regret it in time! Don't let the fact that your family really wants to go swimming influence your decision. You need to stand strong. You are spending a large sum of money. Get a lawyer. I would want it replaced and I would want it done promptly.

Why would it take them till the end of the summer to replace it? I would insist it be replaced AND be a priority job. Not put on the back burner because you have already paid so much.
 
Michael,
You will note that this is my first post, but I have experience with this type of issue and no, I am not an attorney-nor do I play one on TV-heck I didn't even stay a Holiday Inn Express!
You need an attorney who specializes in construction litigation. You need one because you are in over your head, are emotionally involved to the point where you are second guessing yourself and really have no idea where you stand. In all honesty you have delayed to the point your options are limited and becoming more so as time goes on. If you didn't get a detailed letter from the pool manufacturer (not a representative) by now, you are at the mercy of the installer. Have you read the standard disclaimer that all the fiberglass pool manufacturers post on their web sites? If not, do so immediately. They all state that their warranty only covers workmanship and materials NOT ANY DEFECT CAUSED BY IMPROPER INSTALLATION. In addition, they all have a disclaimer which states that the installer is not their employee and they have no control or liability as to the installation of the pool!!! Most also state that only the manufacturer can deal with warranty issues, not a dealer or distributor. I am sorry to be blunt but others have advised you to hire an attorney and have been ignored. The only thing worse than needing an attorney is needing one and not hiring one. In all honesty, there will not be any winners in this.

I hope your installer is bonded and insured.

Best regards,

Bill
 
Bill,

I wasn't entirely clear... the rep who came and examined the pool earlier is actually a high-ranking employee of the manufacturer, not a third-party dealer/rep.

I've closely examined the warranty. You're right, the warranty does appear to exclude improper installation (though if so, it's very poorly worded)... "WHAT IS NOT COVERED... Installation, dealer storage and/or transportation." This sounds like they are excluding installation/storage/transportation costs, but later in the warranty they mention that they do cover transportation costs, and indicate that they will install the replacement shell as well. So, I believe they must have inadvertently omitted "damage resulting from..." from that clause, and it is meant to exclude installation errors. Regardless, I'm operating under the assumption that they do indeed exclude improper installation (I can't imagine that they wouldn't), and although I have not yet received the promised letter stating the installation will not affect warranty coverage, I will be sure to.

I have indeed contacted an attorney, but it will likely be Monday before we can meet.

--Michael
 
Michael,
I am truly sorry that this has happened to you and even sorrier that an attorney has to be involved. Remember, none of this is your fault and that you are entitled to what you paid for- a new pool-without cracks-properly installed with the full manufacturer's warranty. Hopefully you'll feel better after meeting with the attorney and please keep us informed.
Regards,
Bill
 
I do appreciate all the insightful advice. I'd be lying if I said there wasn't an emotional component to all this. We have a beautiful pool sitting in our backyard right now on the verge of completion, after years of dreaming about it, and now we're talking about either accepting it despite numerous defects (which we are not convinced can be repaired, and once repaired will not occur again), or taking legal action to have it torn out.

Our oldest daughter will be entering high school next year... so we can count on one hand the number of years that we have left with her. While losing "just one more Summer" might not sound like a big deal, when put into context of how quickly kids grow up, it's a significant amount of time.

So, that is the primary emotional element that is, admittedly, affecting how we think about this... and I don't think that this is an entirely bad thing at this point. We've ended up in this situation, and going one direction (demanding replacement) will give us more assurance of a more trouble-free pool ownership experience, but pursuing that will quite possibly mean the loss of most of this swimming season, time that can never be replaced no matter what the cost.

If it's almost a certainty that we will continue to experience problems with this install throughout the years, it's a no-brainer to demand a replacement. If these cracks can be repaired to the point where they are essentially invisible (and that's a big IF), and the likelihood of recurring cracks is very slim, to me it is not worth it to lose the time it would take to replace the shell.

The problem is, of course, there's no way to get a definitive answer one way or another. And in that case, I'd have to lean towards being cautious and either demand a replacement shell, or, alternatively, receive iron-clad assurances from the manufacturer that these cracks can be completely and invisibly fixed and that warranty will still be effective, along with substantial financial reimbursement from the builder to compensate me for the fact that I'm receiving a patched-up pool that was not set properly and stands a good chance of incurring expenses in the future... given that something is pushing up the middle of the pool, there's a very good chance that there are voids underneath (meaning there are possibly unsupported areas of the shell).

Now, would a replacement really mean no pool this season? As someone suggested earlier, part of our demand could be that the job be given top priority. We were originally told the pool would originally take 6 weeks (though most of the fiberglass installs I've read about take much less time than that), but it's been about 2.5 months. Granted, there were some weather delays that prevented them from hauling the excavated dirt away, but for many weeks there were opportunities for things to be worked on, with only sporadic action (usually the result of me repeatedly calling the builder). Maybe this is not accurate, but the impression I got was that our pool was the one that got worked on in the builder's spare time.

But if properly motivated, it could probably get completed much quicker. I just wouldn't hold my breath though.

--Michael
 
Once scheduled, my neighbors fiberglass install from start to finish was less than two weeks. That said, it doesn't sound like these guys can move like that so I hear you loud and clear about kids growing up and getting to use the pool during this time.
 
Michael,
Your last post struck a chord with me. I bought a pick up truck in 2003 when my daughter was 16 and we all went to pick it up and then go out to dinner. She and I were going to ride together in the new truck (she had been the one to go with me to all the dealers and had helped pick the truck out) and her brothers were going to stay with my wife. When we got to the dealer, the truck was out front in the big delivery area. She ran over immediately and I joined her after a few minutes of talking with my wife. When I got to the truck, the first thing I noticed were several scratches down the driver's side from the door to the tailgate...they were superficial and I was pretty sure they would buff out, but that was not the point...the point was that the truck had not been properly detailed and presented. I showed the scratches to my daughter and then went into the dealership. I informed the salesman about the scratches and after looking at them, told me they were no big deal and I could come back the following week and he'd have the body shop take care of it while I waited.
I told the salesman that that was not acceptable and that if he could not get the truck taken care of immediately, I would go buy another truck elsewhere. My daughter was mortified and actually took the salesman's side. Now by this time my wife and sons were on their way to a store 10 miles away and the restaurant we were going to eat at was 15 miles the opposite direction of that. It was about 6:30 PM and the dealership was closing at 8:00.
I told the salesman he had lost the sale, told my daughter to shut up and come with me and walked out of the dealership. I called my wife and explained all that had happened and asked her to come back and get me. My wife told me I was overreacting and to take the truck and if I was too busy to take it back the next week, she would do it. I told her I did not need to hear that at that time and was she coming to get me or did she want me to call a cab.
No one spoke to me unless they had to for the whole weekend (this happened on Friday night). Monday the sales manager from the dealership called and wanted to know why I had not picked up the truck. I told him and he apologized profusely said he was going to look at the truck and would call me back. He called back 5 minutes later and asked if there was anyway they could make it up to me and that he would personally deliver the truck and I would not ever have to worry about dealing with that salesman again. I picked up the truck that night (I got a friend to take me) without telling anyone in the family. When I got home, I went into the house and asked my daughter to help me with something in the yard. She grudgingly obliged and when she saw the truck was ecstatic and wanted to go for a ride. I made her look the entire truck over including getting underneath, checking all the fluids and then asked her if anything was amiss. When she said no, I took her for a ride.

4 months ago my now 25 year old daughter went to pick up her first car and I could not go with her. She called me from the dealership and told me how she had looked the vehicle over "I did it just like you and I did with the truck, Dad and I found a small area of loose trim, but it was small and they told her they would take care of it". With baited breath I asked if she took it or told them to keep it until it was properly detailed....She not only told them to keep it, she told them she would only come back and get it if they reimbursed her for her time as she should not have to come back!!!! They took another hundred bucks off!!

So, Michael use this as a learning tool about deferring instant gratification for long term rewards and that anything worth doing is worth doing right and just because someone else would accept poor workmanship-you will not and hopefully someday neither will any of your children. :goodjob:

Take care and good luck,

Bill
 

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Wow Bill---what an excellent story and standard to live by. I have bookmarked it, and will refer back to it often, I'm sure. (I love your "Electron Mover" name)

To the OP, the decisions you make may someday affect the resale value of your home. It's not just a summer of swimming on the line.

Lana
 
Bill,

I can appreciate your story... as my wife and I are discussing this, there's no question that we should get what we paid for (that is, an undamaged, properly-installed pool). But unlike buying a car, in our current situation we have no direct financial leverage, and we can't threaten to take our business elsewhere.

All I have in my favor is pretty overwhelming evidence that the pool was indeed not set correctly. I would think that the builder's lawyer would be guilty of malpractice if, faced with the threat of a lawsuit that he would almost certainly lose, he didn't strongly encourage him to immediately settle out of court. But you never know how these things can go... he could decide to fight it, and prompt an extended legal battle that takes many months to resolve. But if that's what's necessary, so be it.

I know your truck story was probably not meant to be a direct analogy, but what the builder is suggesting is similar to your truck situation... merely cosmetic imperfections that can easily be fixed. And if I were convinced that this was really the case with the pool, I would readily agree to it. Right or wrong, I just can't see destroying a 99.9% perfect pool on principle, even though I agree it is wrong that I would be receiving a repaired pool while paying for a factory-perfect pool.

But again, the unknown is whether or not the unlevel set will continue to produce cracks, or if the present cracks were just a one-time occurrence. Sadly, I cannot take the builder's word for it... it's clear now that from the day of the dig, some of his decisions have been made purely based on his own financial interests with little regard to the quality of the installation... had he simply said, "guys, I'm going to pay to bring the crane back tomorrow so that we can make sure we set this pool correctly", none of this would have happened... instead, he gambled that it would be ok. And when the uneven set was eventually discovered by me, he should have owned up to this miscalculation, and re-set the pool then (the cost would not have been that high, since tile and brick weren't done, nor was the tanning ledge in place).

Then again, who knows... maybe all of his fiberglass pools are done in this manner. I mean, if I had not been closely watching the progress, but rather been more of a "build me a pool and let me know when it's done" kind of client, I never would have known, since the waterline tile and bricks completely hide the problem and presumably they would have fixed the cracks before I noticed.

--Michael
 
Michael,
I am sorry but I think you missed the point I was trying to make in my last post....it was not about me or really even the truck...it was about my daughter learning something very valuable from me when I had no idea I was actually teaching her by example.
Best regards,
Bill
 
Micheal,
Sorry you and your family are having issues with your install. I'd take everyones advice and contact a lawyer. Do not let them finish the deck, you will have no leverage at all at that point. The builder can and will probably eat the few grand you are still holding. I'd probably go as far to say the manufacturer and builder are covering each others backs. Anything you get signed from them needs to be done before a notary and filed with the clerk of courts office. This would be the same place your mortage papers are filed with your county goverment office. Also get your local building inspectors involved. They may not approve the final pool with those conditions. Like someone else said start documenting everything. Even the calls you make to lawyers, builders, manufacturers, etc. Document date, time, person talking to, questions asked and responses gotten, etc. Gather all your pictures, emails, etc and keep them organized.

Good luck,
Todd
 
OMG! :shock: I could hardly look at the diagram that shows these cracks without feeling sick.

I would halt everyone from coming to that site! This is unacceptable. You and your wife are paying all that money for a brand new *cracked pool* that they think they can fix.

I. Don't. Think. So!!! Not in my back yard! Lost summer or not, the show would not go on. They need to drain that pool, lift it out of that hole and regrade it and place a BRAND NEW ONE back in the hole. :whip: I'm sorry but I would be livid. Work hard for your money for someone to ruin your purchase like that whether they meant it or not... they need to make it right! :grrrr:
 

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