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

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I find it unlikely that your legal rep will want it moved at all. While I can appreciate the time of the essence factor, I think that putting a tarp cover and water bags over it for now to keep mosquitoes at bay. This may take a while longer than hoped for. Add its cost to the demand letter.

Keeping a tarp pumped off and leaves and stuff scooped off is far easier to live with.

Scott
 
PoolGuyNJ said:
I find it unlikely that your legal rep will want it moved at all. While I can appreciate the time of the essence factor, I think that putting a tarp cover and water bags over it for now to keep mosquitoes at bay. This may take a while longer than hoped for. Add its cost to the demand letter.
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It was actually the attorney who said that was the normal course of action... give the builder the opportunity to remedy the problem, and if he refuses, we can then proceed with having someone else do the work (or do as you suggest and just let it sit until the legal matter is resolved). I did specifically ask her if we were to go ahead and have it replaced, would that hurt our case, and she said no, as long as it was thoroughly documented (photographs, expert witness reports, etc.).

--Michael
 
Michael,
A couple of things come to mind. The manufacturer's warranty states that the manufacturer does not cover damage which occurs as the result of improper installation...so have your attorney ready with a written memorandum of understanding that if the manufacturer undertakes to repair the cracks, they are because of a manufacturer defect and not due to improper installation and the full manufacturer's warranty is in effect and any further cracking is therefore the fault of the manufacturer and the manufacturer will be responsible for dealing with them. Furthermore, if the manufacturer states that these cracks occur normally, get that in writing and let them know that as a public service you will see to it that this information, with photo documentation, is widely disseminated by any and all means at your disposal. In other words try and get someone on the hook not just now but in the future because from what I've read on the internet-given the amount that shell is out of level-it will have probably have problems. Under no circumstances would I pour more concrete until either you and your wife have resigned yourself to accepting the pool or your attorney puts in writing that she has advised you to accept the pool and to complete the installation.
Best regards, thoughts and prayers,
Bill
 
Also, if the manufacture rep comes out and looks the pool over and state it is normal and can be repaired, make sure you have them give you that in writing.

IF however they tell you that the damage is due to improper installation, and they are not responsible for repairing it, then make sure you get that in writing, that will be your "Ace In The Hole", if they say it is no longer under warranty, because of this damage, then you have a solid case in my opinion.

Main thing is whatever the rep tells you make them put it in writing, and also ask them if the repairs will be good and solid for the life of the pool.
 
Electron Mover said:
A couple of things come to mind. The manufacturer's warranty states that the manufacturer does not cover damage which occurs as the result of improper installation...so have your attorney ready with a written memorandum of understanding that if the manufacturer undertakes to repair the cracks, they are because of a manufacturer defect and not due to improper installation and the full manufacturer's warranty is in effect and any further cracking is therefore the fault of the manufacturer and the manufacturer will be responsible for dealing with them.
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We'll need to work out these details... I certainly would not be surprised if we encountered more cracks, but if (when) that does happen, my lawyer is thinking we'd then ramp up our attack on the builder. In other words, I want to go after the builder now, but he's got one shot to repair the damage (even though it's the manufacturer who would actually be doing this work). If this repair fails (looks bad, and/or more cracks continue to form), our case against him has improved dramatically.

To what extent (if any) we'd involve the manufacturer at that point is still to be determined.

--Michael
 
Samantha Sabrina said:
IF however they tell you that the damage is due to improper installation, and they are not responsible for repairing it, then make sure you get that in writing, that will be your "Ace In The Hole", if they say it is no longer under warranty, because of this damage, then you have a solid case in my opinion.
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Absolutely. My lawyer is baffled that the manufacturer would want to have anything at all to do with this... they're going to expend massive amounts of labor expense to correct an installer issue? And as I alluded to before, I wouldn't be surprised if the manufacturer, once they see the extent of the cracks, would bow out and put it all on the builder.

--Michael
 
What about the issue of the pool being in the wrong location? Are you making that a part of your complaint? Although you were told that the authorities would grant variance, that of course would require that you (the property owner) would have to apply for it. No application, no variance. Pool must be moved to comply.
 
chiefwej said:
What about the issue of the pool being in the wrong location? Are you making that a part of your complaint? Although you were told that the authorities would grant variance, that of course would require that you (the property owner) would have to apply for it. No application, no variance. Pool must be moved to comply.
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The builder applied for the variance. I do find that a bit odd, as I would have thought that I'd have to be the one to submit the application, but apparently that's not the case. The hearing is Tuesday.

There's also a very fascinating dichotomy in how the builder and my neighbor each interpreted their encounter. My neighbor was offended at how the builder went about seeking their approval for the variance and a came away with the impression that the builder was a very shady "say whatever you need to say to get what you need" kind of guy. The builder on the other hand, thinks all was well and that they liked him... "I was petting their dog!".

--Michael
 

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I would be at that hearing with the lawyer and ask the neighbor to go and argue against granting the variance. If its not granted the pool has to come out of the ground, problem solved.
 
Personally I would get my neighbor to go and stand shoulder to should with me and argue against the variance, and if they ask why you are against it, my response would be...

"Because if we start allowing people, me included to vary away from the ordinance, even if it is only a few inches, then before you know it other people will be asking for it and it will continue to get longer and longer until it finally means nothing, and who knows it may very well be one of my neighbors asking for this extended space, and I would end up being the one no longer protected by the ordinance.

If I agree to go along with this where would I have room to dispute something someone else might want to do?

NO Thank You

What is the sense of creating an ordinance like this if you are not going to enforce it as written?

What purpose does allowing people to "Fudge" a lil here and a lil there serve?"

I think putting it to the board in those terms that you are looking out for others should be more than enough to put a stop to this issue.

Just my 2 cents worth.
 
We're actually out of town for the next few days, so I can't be at the meeting. But my neighbor indicated she might show up to speak against the variance. However, from what it sounds like (I spoke with the zoning department guy a while back) it won't matter... the request will almost certainly be granted.

But if it's not, that sure solves some problems for us.

--Michael
 
I wouldn't miss that hearing. I really think it is your best chance to get this resolved quickly and with a minimum cost to you.

If you can't be present at the hearing at least either have your attorney represent you and/or write a letter arguing against the variance. I can't believe any board or public entity would grant you a variance that you haven't requested and do not want. If you can make your position known to the officials that variance should not be granted.
 
Review your copy of the pool contract. Somewhere in the fine print it may state you have given the builder the right to act as your agent to pull permits for construction and he may be using that clause to request the variance.
 
I know once the legal system gets involved a certain type of tunnel vision does tend to evolve, just keep in mind that what you want is a pool. What you don't want is to spend the next couple of years dealing with legal delays, court schedule conflicts, depositions, appeals, etc. all that time with a hole in your back yard that could have been a pool for you and your family to use.
 

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