New pool problems

[FrustratedinTampa]

We purchased a home in May this year and it came with a pool that was built in June 2014. The pool is already cracking in almost every corner, and just today I noticed a new crack on the stairs of the pool. We are losing about an inch of water a day.
We contacted the pool builder who said the warranty will not transfer with home ownership. However, they are more than happy to provide a quote to fix the issue.
It seems to me, a pool just over a year old shouldn't be cracking this much already.
The pool builder will be out next week to provide a qoute. Do we have any options for dispute on the warranty issue? Suggestions please! Oh, I should mention this is a gunite pool.

 

[kimkats]

Do you have any contact info for the former owners?

what about the home inspection? Did it show any concerns with the pool?

Kim (still thinking but the above will get us started)

 

[FrustratedinTampa]

The previous owners still live in our neighborhood, we could track them down.
The inspection didn't mention any concern about the pool.

 

[duraleigh]

If those cracks are structural, it's an indicator the ground around and beneath the pool is shifting. Is the decking still level? Got any pics?

 

[kimkats]

I would ask the former owners if they had the paperwork for the pool. SO sad the PB will not honor the warranty for such a new pool. I am hoping the paperwork will say otherwise on the warranty not transfering.

Take some pics like Dave said............look real close at the patio and decking as well as the ground around the pool to see if there are any problems there.

Kim

 

[FrustratedinTampa]

The decking is still level. I can't figure out how to upload pics from my phone.

 

[gwegan]

Major cracking in a properly constructed gunite shell (or even in most cases an improperly constructed gunite shell) that soon after completion is a very strong indicator of a soils problem. Either improperly compacted or shifting. Or some other soils problem.

I would get the contractors estimate to repair the pool. Then i would go talk to a structural engineer who does pools. Yea they exist and there are a few in Florida. You may also want to talk to a lawyer if the PB keeps refusing to fix. In many states in addition to the warranty there is a tort of defective construction that is independent of your contractual relationship with the contractor. But do it soon you don't want to get stung by a short statue of limitations.

I would not have a contractor fix the pool until an engineer tells you why it is cracking. Find out the cause, fix the cause, then fix the pool.

If you need help finding pool engineers PM me and I will give you some references.

Oh make a very strong effort to see if the prior owner has pictures of the pool under construction -- the rebar stage and during the gunite application are most important. Were there plans? Were there engineering drawings? Was there a building permit with inspections?

 

[FrustratedinTampa]

Thank you all so much for the advice. I have an email in to the previous owners. Can you please refer a pool engineer?

 

[chiefwej]

If you did end up repairing out of your pocket, I sure wouldn't want the guy who built such a shoddy pool and won't stand behind his work repairing it.

 

[kimkats]

Chief you have a VERY good point!

Tampa, That is a very good question that I have no answer to I am sad to say. Okay say I wanted to know about my ground/dirt/land at my house who would I call? I have no idea! I will think on it and ask around.

Kim

 

[gwegan]

Well Chief raises a good point. However, you may be forced to let him. I'm not a Florida attorney but generally one must mitigate their damages. Having another contractor do the work for 100 when the original contractor would have fixed it for free is not mitigating your damages. In your lawsuit to collect the 100 you lose.

Its best to start with the original guy. get a bid from him and some independent evaluations and go from there. Its a process.

But first we need to find out the severity and cause of the cracking.

 

[chiefwej]

If you read my post, what I said was: " if you did end up repairing out of your pocket". If the original PB is honoring a warranty, that would be different.