Granted you shouldn't have to go out and measure all the time. But you did have time to look at the design and build and question it prior to water being put in it. You need to measure all the points that are referenced in the drawing and then compare it to the above referenced minimum standards and see if it is correct. Then you will know.
Contractor Messed Up
- Thread starter Difydesigns
- Start date
Talk to a lawyer, as mentioned, but don't tell them you're doing so. My first move when someone threatens me with a lawyer is to clam up, lawyer up, and all communications come to a halt.
Bear in mind that legal counsel will cost thousands - this will be thousands that you'll not get back out of any settlement - and the money goes FAST. Get a consult for the contract (this should only cost a few hundred dollars), but don't go for threatening a lawsuit unless you're absolutely sure there is no other option left to you to gain satisfaction.
Bear in mind that legal counsel will cost thousands - this will be thousands that you'll not get back out of any settlement - and the money goes FAST. Get a consult for the contract (this should only cost a few hundred dollars), but don't go for threatening a lawsuit unless you're absolutely sure there is no other option left to you to gain satisfaction.
I'm sorry this happened and I encourage you to go to a Texas attorney for a review.
It may or it may not be a material breach. Even if it is a material breach you may have little or no damages.
Unless the pool as designed meets the current ANSI standard set out by Tim above its doubtful you have a material breach. You could argue that the PB did the design and he is responsible for meeting the ANSI standard and that might work, but without the original design meeting the standard its problematic. Additionally pool engineers are structural engineers. I have never (except in commercial jobs ) seen them design pools so they meet the ANSI diving board standard. A pool must meet code even if there are no permits but failure to meet the ANSI standard is not a code issue.
Additionally the owner has a duty to mitigate any breach and a duty to inspect the work as it progresses and point out deviations from the plans and specs. You would point it out right away if they installed the wrong tile right? Now you are not a professional construction person so a court will not impose a high standard on you but you should notice that the pool was shorter than it should have been at the excavation stage. Its important to get out there at the excavation and rebar stages with a tape measure and measure things.
Do not trust your eye. Measure it. If you have ever stood 25 yards from the actual corner (insisting where you are is the corner because that is what the map says ) with the whole survey crew laughing at you you will never fail to measure again and you will never trust your eye.
Finally, few residential pools are constructed today that meet the standard (although 91K is a good price) so what are the real damages? Did the contract say it had to meet the standard for diving? I'm no expert on Texas damages but under some theories in California there would be no damages.
I'd be nice but I don't think I'd file a lawsuit based on the facts as I know them in your case, but go ask a Texas construction attorney.
It may or it may not be a material breach. Even if it is a material breach you may have little or no damages.
Unless the pool as designed meets the current ANSI standard set out by Tim above its doubtful you have a material breach. You could argue that the PB did the design and he is responsible for meeting the ANSI standard and that might work, but without the original design meeting the standard its problematic. Additionally pool engineers are structural engineers. I have never (except in commercial jobs ) seen them design pools so they meet the ANSI diving board standard. A pool must meet code even if there are no permits but failure to meet the ANSI standard is not a code issue.
Additionally the owner has a duty to mitigate any breach and a duty to inspect the work as it progresses and point out deviations from the plans and specs. You would point it out right away if they installed the wrong tile right? Now you are not a professional construction person so a court will not impose a high standard on you but you should notice that the pool was shorter than it should have been at the excavation stage. Its important to get out there at the excavation and rebar stages with a tape measure and measure things.
Do not trust your eye. Measure it. If you have ever stood 25 yards from the actual corner (insisting where you are is the corner because that is what the map says ) with the whole survey crew laughing at you you will never fail to measure again and you will never trust your eye.
Finally, few residential pools are constructed today that meet the standard (although 91K is a good price) so what are the real damages? Did the contract say it had to meet the standard for diving? I'm no expert on Texas damages but under some theories in California there would be no damages.
I'd be nice but I don't think I'd file a lawsuit based on the facts as I know them in your case, but go ask a Texas construction attorney.
I just wanted to post an update. The contractor is fixing our pool! They drained it this morning and already have the liner cut out. They are leaving us most of the old liner so we can have it in case we ever need a patch. Not only are we getting the footage they shorted us, we decided to add an additional 2ft panel. Our hopper will be nice and big now. Thank you for all of your suggestions and guidance.
Oh Happy Days!!! Congrats on a good move on the builders part to make things right. 
Yippee
Yippee
Wow, sounds like they are going above and beyond. I would make sure to check and double check everything as they continue to make sure they dont cut corners to try and save a few dollars.
- Oct 18, 2009
- 3,637
- Pool Size
- 6000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Hayward Aqua Rite (T-15)
Congrats, working with your pb to resolve issues is always best. You should always document with pics to include. Hope all goes well. Post pics when you feel necessary.
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