I tend to agree with not dropping it at the civil level. Most contractors don't want to go through a suit, it then becomes a matter of public record. One thing I learned when the contractor is also the owner, sue both.Hi all,
The multi day pour was a result of my pool size I'm told. They did work until sundown on day 1 and then into the night on day 2. I can't say what should have been done differently and though it seemed a bit odd, I was assured this is normal.
It is in fact the neighbor's who referred the PB not the PB himself who's kids are at my house. I actually had a discussion with the neighbor's wife yesterday and let her know their kids were not welcome in our home anymore.
Not surprisingly, she told me I was throwing a fit because now the PB wants to charge me $3500 for the plaster finish requested and "we have expensive tastes" My side of that discussion shows we picked out the color in writing before signing the contract. The contract says "Pebble Sheen included" and we have 2-3 emails from her saying roughly, "oh sure, yeah all things Pebble Sheen are included don't even worry about that in the pricing." In the last month the tune has changed to roughly "the contract just says Pebble Sheen but does not specify a color. Ocean Blue is a level 2 and therefore we have to charge you. How was I supposed to know and it's not my faults it's an upgraded color and I can't control the pricing". Sheesh.
The neighbor's wife doesn't even know a fraction of the issues and she doesn't want to listen to them because "she doesn't do drama". OK
It is clear as day to me that this outfit is a problem. I have learned more about pool building in the last months than I ever cared to know. I've also learned a lot about the law, deceptive trade practices (civil and criminal), Texas Construction Trust Act, etc, etc. It is my plan to push for the maximum I can. Cash is an interesting challenge in these situations as it is a substantial outlay up front and potentially for years to get through the courts. Granted a victory in the end would repay those (some) costs. In my reading there is lots of commentary that most people let this go at a civil level once costs are recouped. While I have learned to never say never, I do not foresee dropping this one at that stage. That's just another factor I am evaluating in the grand scheme of getting this pool finished and working to ensure nobody has to go through this again.