Need advice on compensation request - total dishonesty and installation issues

[mcch]

I am looking for advice on negotiating compensation for installations issues that have come up during our build. Long story short: new inground pool being installed, all four corners of the vinyl liner were damaged during install (all forced and have holes near the bead). Negotiated options and agreed to their suggested welding repair backed by full warranty letter with compensation of open/close of pool and winter cover. I asked for photos of the repair once done since they added extra coping (to lock in liner) hiding the damaged areas. Work was explained but no pic for proof received so I removed the new liner lock for myself only to discover they never even did the repair, simply hid the damage! Totally lied to my face. Now also noticed many creases in liner at deep end of pool. Today main PB comes on site with new (not subcontractor) repair expert. Admit to subcontractor installation error and issues but due to zero stock and massive delay on material, say new liner currently out of question since wouldn't get here for over a year at this point due to pandemic supply issues (this seems true from other forums and local information). They say next steps are that pool will be emptied to fix all the creases, liner corner damage will be welded for real this time (with us on site to watch) backed by full 5 year garantee. They will open/close pool at their cost and give winter cover. With all these issues and delays I don't even get to use pool until next season now.
I am a little beside myself at this point; being offered same compensation deal as prior to subcontractor lies. My preference is and remains a new liner even if not until two years from now. That option incredibly is not looking likely. I am therefore looking for advice on what reasonable compensation requests might be at this point ($$? pool equipment like robot? other ideas?). First ever pool so I don't even know what to ask for except wishing we had gone with a different PB.

 

[ajw22]

I think you add to the 5 year guarantee that should there be any further problems you will get a new liner, no questions asked. If you go 5 years without any problems then all will be good. If any problems occur then new liner time.

Maybe ask them to throw in Open/Closes for another 2 or 3 years to reimburse you for your aggravation. That is small actual cost for them. That assumes you want them continuing to touch your pool and not be rid of them.

 

[reggiehammond]

I would be inclined to insist for the new liner and be patient until it arrives. I'd also speak to an attorney for advise regarding your local laws and processes for settling this type of situation..

New liner would give you more peace of mind (if they can install it correctly the next time..)

 

[mcch]

Appreciate replies.
Ajw: I was thinking of asking to expand warranty to include ANY issues with liner means full repair or change covered. Justified by fact that loss of confidence in installation and fear issues will arise that aren’t yet obvious (ex. Wore shoes during install).
reggie: no doubt that would be my ideal. I do wonder if part of of reason they aren’t entertaining request is due to payment. Had a % to pay at install of liner which I did not yet pay due to situation. Can’t hold payment for years I imagine? Ugh. This is such a stress. Paying for a new pool full of repairs.

 

[Diggy77]

Please clarify.. "give winter cover". Are you saying they are going to provide a solid safety cover and install free of charge?

And generally speaking, 1 year opening and closing has been included in build contracts for companies I've worked for.

 

[mcch]

Diggy- Yes, they will provide winter cover and install but didn’t specify what type. I am worried they will cheap out here so I need to reply asking for precision on actual type. Advice on what is fair or what to avoid?
I hear ya on the open/close. Doesn’t feel like compensation especially since I’ve now lost any possibility of even using pool this year so feels like it should be a given before even getting to negotiating add-ons. That’s why I am seeking advice on something else that seems reasonable to ask (again, new liner is my real wish).

 

[Diggy77]

As far as using the pool this year, that's a fair expectation.. assuming certain criteria.. which is always subject to change based on weather, and unfortunately these days, availability of materials. So on that basis a new pool owner isn't going to have much leg to stand on unfortunately... Usually

As far as the holes in the liner are concerned, I find it odd that it wasn't just one hole, or two holes in the liner in different places. But it was four holes in similar places. Without knowing any other facts than that it would appear to me that this could be a manufacturer defect. Unfortunately during this covid era, I find that a lot of things are not built the way that they used to be.

If they are offering to get you a new liner installed next year, and provide you with a cover for this year, I would say you're looking pretty decent.

There are some true horror stories out there. Fortunately for you, if these are your only issues, you're actually in good shape if your pool builder is trying to make things right.

 

[mcch]

They won’t give me a new liner (that was my first request). They will fix with 5yr warranty.
As for holes in corners, it was confirmed by PB that it was due to bad installation from subcontractor.

 

[Diggy77]

I'm sorry, I misunderstood. A new liner along with whatever openings and closing you can get. You may want to contact the liner company thru a warranty claim as well..
and they should repair this one ASAP, if a repair is really possible. Cold winters/holes in a liner near the bead.. not good