I mean for the purposes of establishing a claim against the PB. The first thing you do is send a list of defective work and ask for an equitable remedy. Coming from an expert it establishes that you are acting reasonably and it sets the stage for future legal action. It also helps a lawyer establish the claim. Unless you find a expert pool lawyer he is going to need a way to figure out damages so OP might as well get the list going now. The sooner the better.
Abandoned Pool Build, Trying to finish
- Thread starter carx7
- Start date
But if the homeowner has paid the full bill and is still trying to convince the pool builder to finish some work, aggravating the situation even more right now isn’t going to help. The pad inspection can wait until “D day” and encompass all the other stuff wrong with it.
If I were in this situation, I’ll say that I would get all the inspections like that done, and sue the pool builder ASAP. He probably will declare bankruptcy to avoid paying anything out, but will be forced not to be allowed to work in the area any more. But I also don’t know the whole story.
^^^ Yes, I'm working through these options.... I have paid about 90% of the bill.... but certainly more than what has been accomplished.
We were seeing questioning signals all along but there was always a possibility of truth (city delays due to CoVid, material delays due to CoVid, SnoVid (Texas snow storm), custom coping selection, etc).
We had been pushing since Q4 last year to update our equipment selection and were always pushed off. We paid for the base equipment in January/February and then worked to make a change addendum which finally came through in April (ish). We were told several times that our base equipment was in. It took 7 weeks to quote the upgrade which was a red flag, but when my neighbor (now acting as the project manager on my pool) said it was all good and we'd buy the new equipment, deliver the following Friday (April 23rd) and install in the upcoming weeks we thought we were back on track. So I handed over a check for almost $9k.
Friday came with a partial delivery and an excuse "two boxes were left in the warehouse, we'll get them on Monday"
Monday came with a new statement "didn't have time and the Ozone is on backorder anyway" -> But wait, I paid for that in January and you said it was all "in".... now there's a backorder of equipment due to a snow storm that happened after I paid and you said it was "in".
Then they said I had to pay the full remaining balance on the project to get the equipment set.
Oh, and by the way, the Pebble Sheen Ocean Blue you asked about before signing the contract, and which the contract says all things Pebble Sheen are included is now a $3500 upgrade or your attorney will draw up separate papers???
and Here I am.....
We have officially started the clock under chapter 27 of our workmanship defect, they want to "inspect" next week.
We are also evaluating action under Deceptive Trades Practices (Their LLC is forfeit amongst other things) as well as Texas Construction Trust laws/rules.
We were seeing questioning signals all along but there was always a possibility of truth (city delays due to CoVid, material delays due to CoVid, SnoVid (Texas snow storm), custom coping selection, etc).
We had been pushing since Q4 last year to update our equipment selection and were always pushed off. We paid for the base equipment in January/February and then worked to make a change addendum which finally came through in April (ish). We were told several times that our base equipment was in. It took 7 weeks to quote the upgrade which was a red flag, but when my neighbor (now acting as the project manager on my pool) said it was all good and we'd buy the new equipment, deliver the following Friday (April 23rd) and install in the upcoming weeks we thought we were back on track. So I handed over a check for almost $9k.
Friday came with a partial delivery and an excuse "two boxes were left in the warehouse, we'll get them on Monday"
Monday came with a new statement "didn't have time and the Ozone is on backorder anyway" -> But wait, I paid for that in January and you said it was all "in".... now there's a backorder of equipment due to a snow storm that happened after I paid and you said it was "in".
Then they said I had to pay the full remaining balance on the project to get the equipment set.
Oh, and by the way, the Pebble Sheen Ocean Blue you asked about before signing the contract, and which the contract says all things Pebble Sheen are included is now a $3500 upgrade or your attorney will draw up separate papers???
and Here I am.....
We have officially started the clock under chapter 27 of our workmanship defect, they want to "inspect" next week.
We are also evaluating action under Deceptive Trades Practices (Their LLC is forfeit amongst other things) as well as Texas Construction Trust laws/rules.
I agree that if he is trying to get some work out of the PB focusing on the pool is the best path - pragmatically, it makes sense to not overwhelm the PB with ancillary complaints. To further clarify, OP needs to bring in an independent inspector to point out all deficiencies - these deficiencies should be rated based on deviation from industry standards. Anything that is non merchantable needs to be prioritized. Once this list is established OP can decide if he still wants to try to compel the PB to focus on fixing things, and he can choose what to request for the PB to focus on. However, this path might lead to even more out of pocket expense as anything the PB touches might lead to harder and more expensive remediation by whomever eventually comes in to fix the job. So as tempting as it is to get the PB to come back and try to fix something I think OP needs to decide if they are at the nexus in time were they cut out any notion that the PB will fix anything based on good will - when they come to that conclusion they should either send the PB the list of deficiencies (compiled by a professional inspector) and ask for their remedy of choice, and or hire an attorney and present the same list for him to use as a basis of establishing a claim.
Just my two cents
Just my two cents
I think this latest communication from his attorney sums up what I'm dealing with from this PB.
Do you happen to have any pictures of the plumbing before it was backfilled? It may be tedious but maybe not so hard to dig out the manifold with the gauge on it and begin to see what pipe leads where by maybe drilling small holes in the caps at the end of the plumbing in the pool and putting a shop vac on exhaust and see which pipe the air comes out of on the pool side, then mark it. Prob a PIA but once its done you kinda have you plumbing diagram.
If you are not trying to get this guy to complete anymore work and want to somewhat move forward I would try to tackle what you can finish (check off your list). That equipment pad would be an easy start. Id just demolish it, level the ground and re pour it. You can hire most anyone to do that or do it yourself. Then after dissecting the plumbing you can at minimum place all your equipment out there where its going to go. Mount the omnilogic etc.
I find a checklist helps with these kind of things, then you can pick and choose which ones you can knock off the list the quickest. This is of course if you just want to move forward at this point.
It also seems that you are just missing the UV equipment, at this point id just scrap it for a SWG and keep trying to recoup that cost from the PB, another way to move forward.
If you are not trying to get this guy to complete anymore work and want to somewhat move forward I would try to tackle what you can finish (check off your list). That equipment pad would be an easy start. Id just demolish it, level the ground and re pour it. You can hire most anyone to do that or do it yourself. Then after dissecting the plumbing you can at minimum place all your equipment out there where its going to go. Mount the omnilogic etc.
I find a checklist helps with these kind of things, then you can pick and choose which ones you can knock off the list the quickest. This is of course if you just want to move forward at this point.
It also seems that you are just missing the UV equipment, at this point id just scrap it for a SWG and keep trying to recoup that cost from the PB, another way to move forward.
Last edited:
No way an inspector would pass that. They’d have to backfill it to hide it. Maybe that’s they’re plan. Maybe say ok, but if he doesn’t pass it, are you going to fix it?
Side question: The spa jets plumbed are 1" pipe.... It has been suggested to me recently this is "Wrong". Any input on this?
At this point it would be a disservice to the OP to have this guy touch the pool anymore. Obviously I don't know what the OP financial situation is but ties would be completely cut at this point if it were me.
Inspector (who I have developed a good relationship with) says there is no "code" for equipment pads that will allow him to fail an inspection. His comment is that his hands are tied to code, not workmanship.... so I've been digging to see if I can find anything else to support an argument.
AH! I was trying to think through how to backwards trace plumbing and I like that idea. I do have some pictures and am digging through them now which raised my question on the 1" pipe above. I agree on comments regarding the pad. I'm going to need to get a shopping list together to lay out plumbing, find valves, etc, etc.
Of course, I'm also getting feedback now that Hayward equipment isn't great and that's why it was available.... lol. I've been trying to contact Hayward for over 6 weeks with zero response.
RE SWG, I have been trying to read up and understand what SWG I should get. Looks like, giving my existing equipment, the Hayward/Aquarite (AQR-15)
Honestly.... I'm a super DIY guy, but with my job, family, etc, and the amount of knowledge I am trying to absorb to research/finish/etc is ALOT.
- Jun 18, 2012
- 55
- Pool Size
- 12000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Jandy Aquapure 1400
Man, that is quite the horror story. A lot of good advice here...but there are two things I would add:
1) echoing what someone else said your best bet may be a small guy or someone doing it on the side. A large builder will never touch it because they have lawyers who tell them not to. Small people may be more willing to work with you.
2) Look for someone who specializes in refinishing jobs/rehabs and approach it that way.
Good luck!
1) echoing what someone else said your best bet may be a small guy or someone doing it on the side. A large builder will never touch it because they have lawyers who tell them not to. Small people may be more willing to work with you.
2) Look for someone who specializes in refinishing jobs/rehabs and approach it that way.
Good luck!
- Jun 18, 2012
- 55
- Pool Size
- 12000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Jandy Aquapure 1400
look into Circupool for the SWG. They do a good job and have a lot of positive comments on the swg forum
You would just need the cell if you have the Omnilogic the 15 would be the correct size. I think Hayward is a pretty good brand, I also believe that if you install it yourself you get at least a 1 year warranty.
I get the DIY thing sometime you just need to take a step back, but sometimes you just need to get stuff done, thats the hard part to balance.
At this point I’d leave the SWG thing alone and just get the pool finished. It can be added later very easily and it’s just an extra thing to worry about right now.
That’s an interesting point. I guess the pad isn’t a structural member of the system and so there’s no code regulating that.
Maybe take pictures of the mess (for the court battle) and then add some rock under there to support it a bit better and keep it from getting worse. Then email the pool builder and tell him the forthcoming Yelp review isn’t going to be good.
HAHA.. I just finished typing the review and pulling all my images into something that resembles cohesive.That’s an interesting point. I guess the pad isn’t a structural member of the system and so there’s no code regulating that.
Maybe take pictures of the mess (for the court battle) and then add some rock under there to support it a bit better and keep it from getting worse. Then email the pool builder and tell him the forthcoming Yelp review isn’t going to be good.
mguzzy
Gold Supporter
Wow what a nightmare... I hope this works out.. it will.
Get a SWG that is twice the size of your pool. What kind of controller do you have? It looks like you have a Hayward Omni logic. I'm pretty sure you can just connect a Tcell and flow switch to it and it will integrate into your system. But double check that. It sounds like some of your equipment choices may have changed.
I'll see if I can find a thread by a user named @Dirk.. he had a successful challenge to a contractors issue that you might find enlightening.
Get a SWG that is twice the size of your pool. What kind of controller do you have? It looks like you have a Hayward Omni logic. I'm pretty sure you can just connect a Tcell and flow switch to it and it will integrate into your system. But double check that. It sounds like some of your equipment choices may have changed.
I'll see if I can find a thread by a user named @Dirk.. he had a successful challenge to a contractors issue that you might find enlightening.
- Jun 7, 2017
- 9,059
- Pool Size
- 29000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Jandy Aquapure 1400