Pool Contract - Pool Builder's Repetitive Mistakes
- Thread starter Aquaholic1
- Start date
Does anyone or any plumbers on here recommend hydrostatic pressure testing? What is your opinion? Also, anyone on here, plumbers and electricians...if two 400,000 BTU Pentair heaters are to be installed then will I need a extra meter? TIA
- Nov 12, 2017
- 12,640
- Pool Size
- 12300
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Pentair Intellichlor IC-40
I agree that he should have known about the tile. And that he should finish the job in a reasonable amount of time. 100%. And that as the consumer, you shouldn't be "bothered" with having to do his job, or any part of it. And I acknowledge that I'm only hearing a small part of the story. I'm just saying, from what you've shared:
- You can't sue someone for making a mistake and then later making it right. Well, you can sue, but you won't win anything.
- You can't sue someone for breaking something if he later fixes it. Again, you can sue, but you won't be awarded any damages. In cases like this, trying to get "pain and suffering" or "punitive damages" is near impossible.
- You CAN sue someone for taking too long to finish a construction project, especially if there is a schedule in the contract, but you'll lose again! Maybe not the court case, but if you sue this guy, especially now (which is why I said now is not the time), then your project will stop, and you definitely won't be swimming this summer and quite possibley not summer 2023 either.
- And depending on how the contract is worded, you probably can't withhold draws without just cause. That would put YOU in breech, and that will also stop your job. No swim for you!
BTW, if you think a construction project is stressful, that's nothing compared to a lawsuit about a construction project...
I'm just playing devil's advocate. Think hard before you threaten this guy. He's building your pool, you want him on your side! And by the way, I'm on your side, even though it may not sound like it!
PS. Speaking of which, I wish I had an in-law that cared as much about me like you care about your pops. You're awesome!!
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- Nov 12, 2017
- 12,640
- Pool Size
- 12300
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Pentair Intellichlor IC-40
For what it's worth, what you've got so far looks amazing. I'm not a PB, but that looks to me to be a very complicated build, not to mention smack dab right up to your house and fence, virtually filling a small, constrained area with a massive, multi-level concrete structure. That's pretty impressive, even if there are some problems.
"Perspective." That's all I'm sayin'... From his, he's thinking he's built the pool to end all pools. If you deflate him, berate him (even if justified), that's not going to end well for you and your pool.
"Perspective." That's all I'm sayin'... From his, he's thinking he's built the pool to end all pools. If you deflate him, berate him (even if justified), that's not going to end well for you and your pool.
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My contract story: when I was preparing to re-plaster my pool a few years back, I noticed an objectionable clause in the contract. There was a paragraph stating that the PB would not take responsibility for any damage to my existing property. I told the sales lady that I would not sign the contract with that in it. If they broke something, they'd have to fix it or pay for it. I asked her to cross out that paragraph on the contract, and, after consulting with the project manager, she did.
Punch line: I said to the sales lady, "I can't be the first customer who ever asked to have that paragraph removed." She replied, "Actually, you are."
Punch line: I said to the sales lady, "I can't be the first customer who ever asked to have that paragraph removed." She replied, "Actually, you are."
Dirk,
Once again, thank you for your input. So, you're saying my neighbor's wrought iron fence can go damaged for a year or two just because the PB "states" that he will replace it. I'm not into suing anyone for money. We've paid way ahead of our schedule. Fortunately, we paid by credit card and can have it charged back if he wants to go that route. We're going on five months now of nothing but excuse after excuse why he wasn't here, didn't call, etc. He has more than enough of our money to cover his costs and profit. I shouldn't have to chase him around to finish this project. It's appearing he spent our money elsewhere and trying to find a "Peter to pay Paul". Our contract is simple with NO clauses. Fortunately, I have a friend that her and her husband are family law/criminal law attorneys. IF need be I can always reach out to him. Like I said, we just want this done and done RIGHT! Unfortuantely, yes I have to micro manage this project considering how many mistakes that I've caught that they would've just covered up and went along. My in law's are awesome and I would do anything for them at any time.
Dirk,
I totally understand what you're saying. Thank you! I'm a lover not a fighter by any stretch. I do not like confrontation. However, at what point in time that "enough time has gone by?". Seriously, look at it from my point of view. Don't get me wrong. I really like the PB and think he's nice and all. This has definitely been a learning process for sure. We shall wait and see what happens.
- Nov 12, 2017
- 12,640
- Pool Size
- 12300
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Pentair Intellichlor IC-40
No, not at all. He should fix the fence in a timely manner, much sooner than later. You could reasonably withhold a small portion of the draw until he does.
If by "paid way ahead of our schedule" you mean sooner than the contract specifies, then don't pay the next draw until it is due. That's actually on you if that's what you've been doing. And yes, the "Peter to pay Paul" game is all too common with these guys. All you can do is make sure not to pay more or sooner than you should.
And again, while I fundamentally agree with you that you should not have to micro-manage a construction project, that is not today's reality. Attention to detail and pride of workmanship are notions from a bygone era. Even with the best of contractors, you need to micro-manage a construction project. That's just how it is, especially if you're, uh, let's just say "a bit OCD" like I am.
I hope it all works out for your beautiful pool. I’d wondered if marble waterline could work sealed. There’s marble ledger stone and no one suggested we not use that for the wall. We ended up with quartzite ledger and sealed it before plaster. In the meantime they should’ve sealed your marble right away.
I can’t wait to see the river when done. It’s going to be a wow factor. When it’s done it will be worth it.
Dirk,
I must admit I way too OCD and I'm working on that. lol For example, when they did our gas fireplace it looked a little oval shaped. I didn't say one word. The pool builder came and saw it and made the guys rip it out and redo it. I told him to make sure to tell his subcontractors that I wasn't the one that said to rip it out. I understand everything would go perfect in a perfect world. However, that's not the case. It's just sad the trust issues that PB and home owners have to face with one another. Trust is a very important role in any type of relationship whether it be work or personal. Oh wow! The guys are here to tear out the tile. That's after my husband called the PB. They were on schedule to do this today.
Thank you! I'm trying so hard to stay optimistic. Negativity gets you nowhere. Yes, I agree they should've sealed it prior to installation and after as well. They are here now sawing it all off. It was beautiful up until it turned yellow/orangish color. That's why I consulted with three different tile stores and they all told me the same thing. I was hoping that we could just rip out just the pieces that are discolored. However, that's not an option since it's already been explosed to the moisture in the air. It will all work out one way or another. I'll defnitely send you pictures when it's completed. Like I saw telling one person on here that I was very hesitant to say lazy river because then people think I'm too fancy or something when I'm nothing but a country gal brought to the city. lol I will never forget my roots and the house that built me. Do you have pictures of your pool? I LOVE looking at everyone's pictures and listening to their advice. This website ROCKS! We have some pretty awesome peeps on here.
Good for you. Intelligent role played on your behalf. Prior to even the excavator coming me and the PB went out there and measured just to make sure there was enough room for their machinery. I was very adamant about clarifiying that there was plenty of room because I didn't want to have to replace my neighbor's fence. I'm so thankful that my neighbor's have been very lenient with us through this whole process. Well, they are getting three new fence panels out it. What happened is that the excavator guy decided to do U turns within that tight area vs. going about 10 feet further at the end of the house and neighbor's gate. Oh well, it's just things....they can be fixed....us people can't. lol I keep reminding myself that everything happens for a reason.
- Nov 12, 2017
- 12,640
- Pool Size
- 12300
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Pentair Intellichlor IC-40
This kind of reflection is exactly what I was hoping to inspire. Great job! And see, instant karma reward: your contractors are on time!! I'm taking full credit, of course!
Okay fine....I'll give you all the credit. Honestly, when we contacted the PB he said "they're not there?" Obviously, he must not have known that they weren't here tearing out the tile. They probably had another project to work on befoe coming here. I'm just glad to see some progress.This kind of reflection is exactly what I was hoping to inspire. Great job! And see, instant karma reward: your contractors are on time!! I'm taking full credit, of course!
OH me OH my! What a tale this has been so far! Hugs to you to help hold you up as you get this LAZY RIVER and pool done!!!
Now let me ask you about your pool equipment. Is it there yet? Is it listed on your contract with model numbers? If so then run out there and make sure it is what you asked for AND take all over the owner manual and such out to save for your pool folder that I KNOW you have since it sounds like you are like me.
I wonder what would happen if you asked the PB when he was going to fix the neighbors fence IN WRITING. Then if/when it does not happen by that date then tell him if he does not have it fixed by ?? date you are going to have it done THEN charge it back to him.............Might make him "blink" and get it fixed using his own people instead of having to pay whatever price you find.
Oh so true BUT it is what it is so you do NEED to be there for every step along the way. It is just how it is if you want the job done right!
Now let me ask you about your pool equipment. Is it there yet? Is it listed on your contract with model numbers? If so then run out there and make sure it is what you asked for AND take all over the owner manual and such out to save for your pool folder that I KNOW you have since it sounds like you are like me.
I wonder what would happen if you asked the PB when he was going to fix the neighbors fence IN WRITING. Then if/when it does not happen by that date then tell him if he does not have it fixed by ?? date you are going to have it done THEN charge it back to him.............Might make him "blink" and get it fixed using his own people instead of having to pay whatever price you find.
- Jul 21, 2013
- 65,177
- Pool Size
- 35000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Pentair Intellichlor IC-60
Pressure testing of what?
All the plumbing should be ganged together and pressure tested to 30 PSI for at least 24 hours.
What is the CFM of your exiting gas meter?
Post pics of your gas meter data plate.
Make sure the two heaters follow all Installation instructions. You sure your pump and filter setup can give you 60-80 GPM?
What size suction and equipment pipes will you have?
Oh Kimkats, you have no idea if you think this is a tale in itself. I could write a darn soap opera about this whole move to Houston. We moved here in 2017 due to my husband landing a new job. Okay...so he'd been living here for three months in a hotel while I was home taking care of three fur babies, our son, packing up the house and having to get out quick when the realtor was going to show. My realtor gave me a list of things that she saw that needed done. I found me a handman that day and he completed my list by that night. She was blown away. We signed the papers to this house on a Wednesday, drove to Dallas afterwards (leaving my car at the hotel) to sell that house that Friday so we could fund and close on this house on Friday. Well, on that Thursday Greg Abbot put a hold on funds in this area. Therefore, we couldn't fund for this house. We drove here that Saturday, got into the North side of Houston about 11:30 at night. All of the sudden Hurricane Harvey hit and we couldn't even see to drive much less get to the hotel my husband had been staying at. Fortunately, the Candlewood Suites in the Woodlands had one room left and accepted fur babies. We felt so blessed to have a room. All of our stuff had to be stored in the Dallas area for a month, we had to resign all the paperwork for this house, we lived in a hotel for a month, my car drowned, the seller of this house decided he would relist the house since it didn't flood for 20K more. Due to that I had to get my attorney on the phone to contact his realtor to let her know that her license could be revoked for doing that since it was out of our control that we weren't able to fund that Friday. Our street was six foot under water. Fotunately, no water got in this house because it sets up higher. Although, it was about five inches from coming into the door. I could've sat around in the hotel and been sad about everything. However, I decided to have a positive perspective and enjoy time with my family in that hotel room. I looked on TV and saw people without a place to go. Then I really felt like I'd been blessed even though I was homeless and carless.
I got nothing......................................WOWZER what a TALE that is!!! Here is a HUGE HUG just for you!
ajw22,
I'm not sure what size the gas line is. It's still uncovered laying in the trench. All that I know is that it's bright yellow. I'll take pictures of it tomorrow. The pool's pad is located on the left side of the house and is totally seperate from the river. I didn't want Hayward on one side and Pentair on the other. Therefore, we decided to get all new equipment for the pool as well since that equipment is almost nine years old. As far as the river, it's equipment is all the same as a regular pool for sanitation purposes. The only thing different is that it's got it's own River pump system. It has dual suction boxes and the return is all ran with 12" diamater PVC piping. It will have a VFD (variable frequency drive) to be able to control the hp up to 15hp. I'll take pictures of the gas meter tomorrow and send it to you. I'm just trying to think ahead, trying to prevent anymore setbacks. I really appreciate you reaching out to me. I'll get those to you tomorrow. Thank you!
Thank you for the BIG hug. What a nice gesture. My dad always said "whatever doesn't kill us will make us stronger". I've definitely had to overcome some barriers along the way. However, I count my blessings because I know that things could be a whole lot worse.I got nothing......................................WOWZER what a TALE that is!!! Here is a HUGE HUG just for you!