Do I have recourse against pool builder

[Alc210]

I’ve had my pool Now going on my third summer. Needless to say I have drainage issues whenever we have heavy storms, dirt and water run into my pool and I spend days/weeks cleaning it. I am looking into getting a French drain in my yard to help with the situation.
Everyone that comes out tells me the pool should have been built up higher to prevent this.

the morning they came to dig the pool they stated that I needed a retaining wall or they would have to raise the pool up and my hardscaping would require a step up to my pool deck.
We chose to build the pool up higher because at the time we did not budget for the retaining wall. (Why this option was given to us the morning of the dig I don’t know, but I’m not surprised after my experience with the builder)

every storm and every year I open it, I am spending hours upon hours in fixing this and cleaning it. I’m outside during storms trying to redirect water
I don’t feel like dealing with this over the next 25-30 years

now that I have to put a drain in that will not be as pleasant to look at as the grass plus all the headaches I’ve been going through, I am seeing how much of my issues actually lie on the builder.
The first time this happened and I reached out to the builder he said it was a final grading issue. All the professionals that have been out feel It is not a grading issue but the main issue is it not being built high enough



thanks for any input
Butch

 

[JamesW]

This is from your previous thread, but it really doesn't show the entire property.

What were the initial discussions with the pool builder about elevation, landscaping and water management?

It's really your responsibility to make sure that you have a comprehensive plan for the entire yard.

You could have had a landscape architect design the yard to address all property related issues.

A good builder will be able to advise you about general issues with the property, but their expertise is the pool.

What does the contract say about elevation, drainage and other such issues?

Can you show pictures of the entire property so that we can see everything?

 

[JamesW]

the morning they came to dig the pool they stated that I needed a retaining wall or they would have to raise the pool up and my hardscaping would require a step up to my pool deck.

We chose to build the pool up higher because at the time we did not budget for the retaining wall.

How much higher did you go vs. what was originally planned?

Did the builder say that the elevation would prevent any problems?

What has the builder said when you asked them about what the problem is, why the problem exists and who is responsible for the problem?

 

[Alc210]

Not sure of how much higher we went
I’m pulling all my documents now

moving up the elevation was to prevent any runoff into the property

here are more photos. I have someone looking at the original plans now who works with new home builders and designs the drainage plans for new developments

he is saying that the pool should be level with the arborvitae

 

[Alc210]

Here is another pic

 

[Alc210]

And one more

 

[mguzzy]

So with respect to your picss above, where does the storm water come in from? Or does the whole yard flood.
I agree with James.. I don't think the drainage around the pool area is a PB issue. Their expertise is the pool and not so much your landscaping. But I think a french drain can be installed to route the water away from your pool without affecting the look of your backyard. Is there a location where you can drain it to or a storm drain?

 

[JamesW]

It looks too low, but I don't know how much responsibility the builder has.

It depends on the initial contract and if it addresses the overall landscaping and water management.

If the builder denies any responsibility, you won't have much recourse unless the contract addresses the issue or you can get a qualified professional to state on the record that the construction does not meet reasonable standards.

At this point, you need to get a landscape architect or similar professional to come up with a plan to make everything work correctly.

Then, you need a price from a contractor to do the work.

Then, you can try to get compensation from the builder if the contract addresses the issue or if you have a qualified professional who will testify in court that the pool build is defective in design or construction.

 

[JamesW]

You might need a retaining wall around the pool with a drain on the outside to prevent flooding and to get rid of the water.

 

[Alc210]

The water runs from the grass area between the arborvitaea and then runs over the pool deck
If the pool was built higher I assume that it would not run over that way

either way, I appreciate the info and opinions
I’ll take a look at the contract wording regarding water management

the is an egress behind my house that I’m trying to find out if there is enough pitch to drain the water back there

appreciate all the help

 

[JamesW]

If the pool was built higher I assume that it would not run over that way

I agree that building higher would have eliminated the problem.

I would have gone higher, but it would be hard to say for sure that the builder was negligent in their design or construction.

 

[JamesW]

the morning they came to dig the pool they stated that I needed a retaining wall or they would have to raise the pool up and my hardscaping would require a step up to my pool deck.

I don't see much of a step up.

When this was discussed, do you remember the exact discussion?

Did you push back on the idea of the step up?

Is it possible that the builder thought that you didn't want the step up and that you were going to do the retaining wall?

 

[JJ_Tex]

now that I have to put a drain in that will not be as pleasant to look at as the grass

You can have french drains/yard drains that have grass on top of them and are pretty much invisible. I have to dig through the grass to even find mine.

 

[mguzzy]

You can have french drains/yard drains that have grass on top of them and are pretty much invisible. I have to dig through the grass to even find mine.

That's cool.. I have seen yard drains that are camouflaged by strategically placed landscaping rock.. Do the grass covered ones get compromised by dirt and roots?

The water runs from the grass area between the arborvitaea and then runs over the pool deck
If the pool was built higher I assume that it would not run over that way

So it runs over the landscaping rocks at the perimeter of the pool? you could hide a drainage culvert in there covered by your rock garden and route it to the storm drain or to a outlet at a lower part of the yard.

 

[JJ_Tex]

That's cool.. I have seen yard drains that are camouflaged by strategically placed landscaping rock.. Do the grass covered ones get compromised by dirt and roots?

Knock on wood, ours are going strong for 9 years without any issues. There is a layer of gravel on top of the trench that helps filter out stuff, and the pipe also has a padding like sleeve surrounding it to filter out additional materials.

Similar to these pics:

 

[mguzzy]

Knock on wood, ours are going strong for 9 years without any issues. There is a layer of gravel on top of the trench that helps filter out stuff, and the pipe also has a padding like sleeve surrounding it to filter out additional materials.

yes I have seen those.. I never knew you could bury them under grass and they would still drain effectively.. I guess I am old school!

 

[zea3]

Was the landscaping added after the pool was built, or was the arborvitae already there? Is the yard on the other side of the arborvitae also at a higher elevation?

 

[YippeeSkippy]

French drains, rain gardens, and putting a short water retaining wall up around the edge of the decking back there would help a lot.
Match the wall up to the decking and it could look nice.

Maddie

 

[Casey]

On the bright side... you did get a nice pool.

 

[Cena_sea]

We had a French drain put in to border against the entire length of the yard against the patio/walkways. Landscaper installed about a foot wide of rock--and I was happy with the look. But I guess I misunderstood because a few days later they installed sod over the rock. I would just make sure you're on the same page.