I think he'll work with me whatever I want to do to avoid a lawsuit. I'm sure he's going to have lawsuits coming his way, if not from me, them from somebody. I know each state is different, but do you think there's any legal recourse for increased costs of having someone else do the work that he wouldn't/couldn't do (
@Dirk)?
Hmm, interesting question. I guess you'd have to prove your damages, and that would be tough to do.
Say you had two bids, way back when, and the contractor you
didn't select was now going to do the job, but was going to charge you an extra $10K, and his new estimate was identical to his first (except the price) and he includes in writing that the difference was due to increased materials and labor costs. That might be considered proof that getting strung along for two years has resulted in a $10K hit. That might be considered damages.
But without that other bid as a reference, how would you prove that this new contractor's "up charge" is not due to some other cause? It could be argued that this new guy just charges more. Or does better work. I can't imagine you'll find a contractor willing to put in writing that he would have charged you $10K less two years ago. But even if you could, I'm not sure how a judge would receive such a ploy.
Your "loss of use" might be considered damages. But how does one quantify what it cost them not to have a pool? If you had receipts for the local swim club (one of those that sells you a membership to swim), you might try to prove that you had to pay to give your family the swim experience that they should have had in your backyard, but without something like that, what dollar value could you claim? I think it might be hundreds, but not thousands.
I think your biggest legal challenge is that he's said he would still build your pool. He's making you fire him, he's not technically quitting, and if your contract doesn't have any timeline, then he hasn't really breached it. He's probably not that clever, I think he would build your pool if he could, but he's giving you (and himself) an out because he's overwhelmed. I'm not defending him, just guessing that he just doesn't know what else to do for you. This is his version of doing the right thing, and if you (or he) showed that to the judge, and he describes his labor/materials challenges, would a judge be inclined to ding him for things that could reasonably be considered outside of his control?
Or you could just let a judge decide: Looks like OH's State's Small Claims Court limit is $6K. If there is an additional cost of someone else building your pool, then for 50 bucks (or whatever OH's filing fee is), you can go to court and make your case. Even if your pool costs $10K more, sue for $6K (but tell the judge it was $10K). If you win, you win, if not, you'll know, and you'll only be out the cost of filing. But...
That could backfire. I can hear the contractor defending himself with "Judge, I said I would build his pool, but he wanted out, so I offered him an out and I gave him his deposit back already. I'll still build it, I just don't know when." And the judge could rule "OK, build his pool by end of November, or pay $6K." Would that be a win for you? Would you want him to build your pool at this point? Would he hold a grudge for being forced to build your pool? Something to consider before you pull the trigger on a suit.
Frankly, I don't think much has changed, other than you now have in writing you can get your deposit back (assuming he sent you that email, ask him to if he didn't). You've still got the same choice you had yesterday. You're still stuck waiting for this guy indefinitely, or stuck trying to find someone else to build your pool. Sorry to state the obvious, just my usual devil's advocate stuff. Which is my weird way of consoling you? You're down on the pool, and I'm truly sorry these circumstances have made you feel that. But you're actually a tiny bit better off than you were yesterday. Really, only the false hope has been eliminated (which is a good thing, even though it doesn't feel that way just now), and you now know you have the option of getting your deposit back (which is a pretty big deal, since that was not at all a given yesterday). So now you're free to make a more informed decision: wait, OB, or a new contractor search. Based on what you've been living with up until now, maybe that's really not as bad as it sounds.
You're also now free to contact other contractors, without really losing anything or ticking off your contractor. You could tell your guy you're going to think about it. Then make some calls. Research OB. See if you can get any other bids, etc. If that get's back to your contractor, he can't really take that the wrong way, as he might have otherwise.
So yes, you now know for certain you're not going to get to swim in 2022. But you've probably always known that deep down, and now you can stop hoping otherwise and make some real plans. Once you get over this shock, and are able to put the past behind you, you can use this turn of events to your advantage.
) 
crossed and a miracle happens with my current PB but am definitely not holding me breath. Anyone know of a good OB thread on here where the OB had no tools/resources and subbed out virtually all of the build for vinyl build?
