Improper liner install

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jjdortenzo

New member
Mar 29, 2015
2
st charles mo
Last spring I had a pool company install a new vinyl liner. It was put in crooked, as stated by the owner of the company. The bottom has wrinkles as well as the walls. Prior to their install I had a smooth bottom. They said they needed to patch the vermiculite bottom and now it is rough and bumpy in several areas, with several areas that have sharp points. Where the walls and bottom meet , the liner does not fit into the corner, there is a gap between the liner and pool walls/bottom. Pool company said the water would stretch it into place , after 6 months it didn't. Once they hooked up the vacuum , they immediately left . On numerous occasions I contacted the pool company to have them remedy the situation , to which they failed to do. I advised them that since I paid by credit card if they didn't fix issues I would contest the charges which I did and VISA reversed the charges. They turned it over to a lawyer who asked me in a letter what I would be willing to setle for. In November 2014 I responded that I would not consider any settlement until they resolved issues. No word unti I was served papers on March 27, 2015 for breach of contract. Any thoughts on this situation would be appreciated as all I want is my pool to be fixed.
 

JasonLion

TFP Expert
Platinum Supporter
LifeTime Supporter
May 7, 2007
37,879
Silver Spring, MD
Welcome to TFP!

I recommend getting a lawyer. Their install was clearly sub-standard, but what you are allowed to do about it at this point is totally dependent on the legal system and how that process works, which requires having a lawyer.
 

grottoguy

LifeTime Supporter
Aug 24, 2014
463
NJ
I don't know if I would get a lawyer. Legal fees can be expensive and even if you win you will have to pay your own legal fees. Did they sue you in small claims court? If so I would consider showing up yourself. You definitely should have a quote or two in hand from a pool company to fix their install. The judge will award them no less than the contract price less estimated repair costs. In addition to showing up with pictures. You should bring copies of all documentation including email correspondence that helps prove your argument that they acknowledged the problem. Hopefully you can substantiate why you waited so long to reverse the charges. If you do go to court you should see if there is a procedure for you to subpoena information from them. You should then request all information relating to disputes about vinal installations from any of their customers.
 

zea3

Mod Squad
TFP Expert
LifeTime Supporter
Jul 10, 2009
12,733
Houston, Texas
Round up all your documentation, dates you called, who you spoke with, what was said, pictures of the liner from install to now if you have them. Present it to your lawyer and hope they offer to settle out of court.
 

Texasrebel

LifeTime Supporter
Mar 24, 2015
28
Conroe/houston
Legally speaking reversing charges is never solves the issue. When disputing contracts courts are there for a reason as you're about to find out. On larger jobs we have customers sign arbitration agreements. in the fine print is where there normally buried. If you reversed charges and did not follow the proper processes you could easily find yourself losing by technicality. This is sometimes considered theft of service by you (in Texas at least). You should be the one suing not the other way around. At least it was not involving a check being canceled.

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Round up all your documentation, dates you called, who you spoke with, what was said, pictures of the liner from install to now if you have them. Present it to your lawyer and hope they offer to settle out of court.
This is great advice as I think you're in a bad position.
 

Patrick_B

TFP Expert
LifeTime Supporter
Jun 7, 2011
15,006
Midland TX
Welcome to TFP!

I'm very sorry it's under these circumstances, but I hope its resolved to your satisfaction. Hopefully you're able to come back later with some good news. Best of luck to you.
 

grottoguy

LifeTime Supporter
Aug 24, 2014
463
NJ
I don't agree that reversing charges is problematic. You were lucky that the CC company was willing to do it so late in the game but that is only to your advantage. It forces them to sue you. How much is in dispute?

I'm not familiar wih Texas law but irbid hard to imagine that reversing charges can be theft of services. If the CC company is willing to do it than presumably they are doing it in accordance with their own agreement wih the PB. As a general matter as long you use your Credit card within 100 miles of your address or within I belive your own state you can assert any defense against the CC company of you were to sue them that you could have asserted against your contractor. That is why CC companies are more user friendly in those situations. I'm not sure that necessarily impacted their decision here as the charge back occurred so late after the fact but it could havev
 

Patrick_B

TFP Expert
LifeTime Supporter
Jun 7, 2011
15,006
Midland TX
Grotto guy, I'm not sure that is sound advice.

I ask that we stop this here, and let the OP get competent legal advice that he clearly needs.

On second thought, in the interest of everyone this is done. Topic closed.

OP, I sincerely wish you the best of luck.
 
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