Bonding, Whose Responsible?

[Arithian]

Hey guys, have a question about who is responsible to make sure the pool is bonded/grounded. We had a pool installed and the pool won't pass inspection because the inspector said he doesn't know if there is rebar in the concrete patio around the pool (currently the bonding sits on top of the concrete patio which sits about 3 inches below the pool, we are putting pavers on top of that.) Pool builder (PB) said it was the concrete subcontractor's (who the home builder hired) responsibility to make sure the concrete site was inspected prior to pour and ensure when poured, that it was bonded. The home builder is saying it was the PB's job to make sure the bonding was there before the concrete was poured or tell him that the deck couldn't be poured yet. The PB said he told one of the concrete subcontractor guys to make sure they bonded it when they poured but no one remembers hearing him say that.

Basically everyone is pointing the fingers at each other and we are already closed on the house so the home builder has been paid, the concrete guys have been paid, and this is a new issue that popped up after closing with the pool.

The only solution now is to pay an engineer $1600 to come out and verify there is no rebar in the concrete and write a letter saying the bonding is good on top of the concrete slab OR cut around the pool and put the bonding below the concrete slab.

So my question is, is it the PBs fault this happened? Is he liable to make sure the bonding is in place? Or is it indeed the concrete guys who poured the deck? PB wants us to pay the engineer and I don't want to do that if it is indeed the PB's fault like the home builder is saying.

Any feedback on this would be tremendously helpful. Thanks.

 

[JamesW]

In my opinion, it's the pool builder's responsibility to manage the details pertaining to the pool.

 

[Arithian]

In my opinion, it's the pool builder's responsibility to manage the details pertaining to the pool.

Thanks James. That was my thought as well but he is trying to say that anyone installing a pool deck should be aware of having to bond it. I think he may just be trying to pass blame.

 

[JamesW]

It's not common knowledge to anyone who's unfamiliar with pools.

In any case, anything done on the pool building permit falls under the responsibility of the pool builder.

 

[Newdude]

There has to be some kind of warranty grace period. It might take a lawyer to make someone take responsibility but there is no way it should fall on you.

 

[ajw22]

Tell HB and PB you will take them both to small claims court and let a judge decide who is responsible for delivering to you a pool that meets code.

 

[NorCalX]

I cant tell you who legally has the duty but the PB saying he told a sub can be viewed as an admission he is responsible and knew he was supposed to coordinate.


Before my concrete pour i had an inspection. PB was responsible for calling it in and being on site even though i hired a separate LS to do concrete.

PB told me the bonding was critical and made sure to point it out to inspector. I have 4 points of contact and concrete crew did the actual bonding loop after coordination and communication between LS and PB.

Communication among all parties was required to prepare for the inspection because the actual concrete crew didn't know what was required and were not going to do the entire loop originally. My pool only has concrete on the front half so they figured the concrete and rebar near 2 points was enough. I thought that was wrong bc my PB had stressed the importance of the bonding loop. I did some quick text messages with PB then LS and LS agreed entire loop was needed and told the concrete crew.

My PB also came out on the day of the actual pour to make sure expansion foam was properly installed and concrete crew didn't take short cuts that could impact pool down the road (we missed one spot but that is a long story in my build thread)

Hope some of that rambling helps show how involved my PB was in the process even though i used a LS for the work.

 

[Gladius Nova]

PB is responsible for having an inspector for rebar/bonding BEFORE concrete is poured.

 

[OGSW20]

Regardless of who is to blame, shouldn’t there have been an inspection for that prior to it being poured called a pre deck inspection? At least that is what happened on our build. We couldn’t move forward until it was signed off that everything was bonded correctly. Strange to me that it was done without an inspection. If that is the case, I would say it’s the PB fault for not getting that inspection completed prior to having the concrete sub pour the deck.

 

[Edc1911]

This!!!

PB is responsible for having an inspector for rebar/bonding BEFORE concrete is poured.

 

[Arithian]

Wow, thanks guys, this is such important information. We were living 7 hours away during construction so the HB and PB were doing all the coordinating. The PB has made several mistakes and is absolutely atrotious with communication so I really don't want to take anything he says at face value. I really appreciate all the feedback, I will let the PB know we aren't paying for the engineer.

Thanks guys, really appreciate all the help.

 

[Newdude]

My project wasn’t allowed to proceed without the town verifying the bonding either. After that they were allowed to backfill. When you have a problem with multiple builders, of course they will all deny any responsibility, but it’s for sure not on you to fix.