argh, Im literally in the exact same position. It is going to rain tonight and my pool builder just installed plaster today (in austin). I love my PB, but am nervously trying to reach them
New Build - Austin, Texas - Slide Video
- Thread starter Sparks22
- Start date
Ah sorry to hear that March. Hopefully the acid wash tomorrow will take care of everything. I think tomorrow and Friday are looking clear for you.
I think I am back to being punished by my PB since I asked him to do the step tiles properly. He hasn't responded to my texts or calls for over 3 days now. Guessing plaster this Friday is out of the question at this point.
Well the masons came out today and secured the step tiles today. We are scheduled for plaster on Monday!
- Sep 3, 2018
- 1,330
- Pool Size
- 17000
- Chlorine
- Salt Water Generator
- SWG Type
- Pentair Intellichlor IC-40
They are finishing up plaster! I'll upload pictures later today.
Question on invoicing. The contract says that payment in full is due prior to plaster. Surprise surprise, my PB didn't collect the check prior to plastering. I have full intention to pay the full contract amount, but given all the struggles, I am tempted to hold onto $5k-$10k and tell them I will pay them that once they complete the punch list of items. Or potentially have them sign the punchlist of items with a clause that they have 60 days to complete the list, or they start being assessed a daily fee until everything is done. Something like that.
Are there any big cons to taking this approach that I might encounter? Anyone have any experiences of doing something like that? If I'm just completely off base and this is a terrible idea, please just tell me that too.
Question on invoicing. The contract says that payment in full is due prior to plaster. Surprise surprise, my PB didn't collect the check prior to plastering. I have full intention to pay the full contract amount, but given all the struggles, I am tempted to hold onto $5k-$10k and tell them I will pay them that once they complete the punch list of items. Or potentially have them sign the punchlist of items with a clause that they have 60 days to complete the list, or they start being assessed a daily fee until everything is done. Something like that.
Are there any big cons to taking this approach that I might encounter? Anyone have any experiences of doing something like that? If I'm just completely off base and this is a terrible idea, please just tell me that too.
The contract usually lay out payment terms. Does your contract stipulate when you owe final payment? I only ask because worry if that diverges from your plan above and then wonder what to do about it.
They were supposed to collect the last check prior to them plastering the pool based on the contract. They didn't do that so I still have the money in my hand.
Part of the reason I am considering holding some back is because my neighbor used this same builder, and still 6 months later after they finished his pool they still haven't completed the punch list yet...
Part of the reason I am considering holding some back is because my neighbor used this same builder, and still 6 months later after they finished his pool they still haven't completed the punch list yet...
I have had multiple contractors stop showing and never finish. Unfortunately, If your contract says you must pay before plaster, then you need to follow the contract. In my case (austin) we have about 10% to pay after everything is done. Im expecting them to clean up the garbage and do whatever we need to close out the permit and get final approval
In my last pool build, my builder gave up and stopped showing. We never paid him the last 2K. Per my signature, the pool was supposed to be done in march of 2012. We could swim by may (I think) but they never quite finished.
We were 7 months past the final payment/water fill date to get our punch list items complete. Hopefully if it is a reputable builder they will complete them out.
Sorry y'all are dealing with it I'm sure you can't wait to be swimming soon. Between a rock and a hard place here on withholding payment against the contract. What have they said about honoring the items on the punch list, can you at least get it documented what's left and them to sign off on that?
I ended up withholding $7k which the project manager wasn't too happy about that. I gave him the punch list and told him that I am happy to pay the remainder when the punch list was completed. He hemmed and hawed a little bit then said he was going to have to talk to the owner about this and the owner might call me. I told him, "I am happy to talk to the owner, I've been trying to have a conversation with him for 4 months now and he won't return a phone call!"
- Jul 17, 2019
- 3,730
- Pool Size
- 13000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Pentair Intellichlor IC-40
Logically that makes sense and that is what I did (but my PB was pretty reasonable and completely understood), but just know that logic may not hold up in court if your contract states otherwise. Good luck.
Completely agree with everything you said there. They have about 97% of the contract paid at this point so I do hope that they will be reasonable.
Just my $.02 here, a lot of times I think the PB would have an easier time finishing the punch list than starting the long and expensive court process. If you decide to pay at any time before a long off judgement day the process stops and he is out his time and money fighting you.
The onus in the meantime will be for the PB to satisfy the courts that they did everything to a ‘T’ on their side of the contract to date to force a judgement against you.
It’s not as slam dunk and ‘you defaulted’ on the contract for them.
*not a lawyer but currently going through the process on the proving side just to have it all swept under the rug before the Judge ever sees it.
The onus in the meantime will be for the PB to satisfy the courts that they did everything to a ‘T’ on their side of the contract to date to force a judgement against you.
It’s not as slam dunk and ‘you defaulted’ on the contract for them.
*not a lawyer but currently going through the process on the proving side just to have it all swept under the rug before the Judge ever sees it.
My two cents is this. It depends on what the punch list items are. Are the substantial issues that don’t conform to the contract or are they cosmetic issues?
Remember technically PB can file a mechanics lien on your house if you withhold funds and the project is essentially complete. That is their leverage. They don’t have to sue for breach of contract.
It’s best to work it out. I don’t blame you for doing what you are doing though.
Remember technically PB can file a mechanics lien on your house if you withhold funds and the project is essentially complete. That is their leverage. They don’t have to sue for breach of contract.
It’s best to work it out. I don’t blame you for doing what you are doing though.
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Currently about half way up with water. Of course it rained last night with a 10% chance of rain today and 0% the rest of the week. Hopefully it doesn't develop streaks.
You sure earned this win many times over. It seems like forever ago they were building that slide. As soon as I saw it now I remembered the rest of it. Congrats Sparks !!