Hard to believe... today is the ONE YEAR anniversary of the beginning of our pool construction. Basking in the excitement of that day, with our dream of a pool finally beginning to materialize, seeing our kids' happiness when the pool shell arrived, etc., I never imagined that a whole year later, we'd be sitting here with a mangled and incomplete pool in our backyard.
Nothing significant has occurred in the case... still just working our way through the legal process, which in addition to being slow normally, well, let's just say the other side is not helping to keep things moving. Back in December we had sent a list of discovery questions and document requests, most of which were not answered or were answered incompletely (and that was after they requested more time to respond). So, in that hearing next week, we will be asking the judge to compel them to answer. Meanwhile, a few weeks ago they sent me a list of questions and requests, some of them downright absurdly irrelevant, and others just plain silly, but I answered them as completely and thoroughly as I could. They are throwing quite a few things up against the wall in the hopes that something sticks. But we are being cooperative, as we have nothing to hide and the facts are solidly in our favor.
We had hoped to have begun construction on the replacement pool by now. Six months ago they had been informed several times of our intention to do this, and although they indicated they wanted to come inspect it again, take photos, etc., they never did. We had our expert inspection and report performed, and by the time November rolled around, we were getting anxious to start getting the ball rolling, so again we inquired if they were going to have their own expert inspection done. They said they were working on it.
Another several weeks went by, and, fearing that this could drag out for many more months (killing our chances of having the pool finished in time for this Summer), we asked them to agree to a 30-45 day deadline to conduct their inspection, after which time we'd be free and clear to remove this pool without fear of it harming our case. The concern is that, even though they've had plenty of opportunity to inspect the pool but haven't bothered to do so, they could still claim that we intentionally destroyed evidence that could have helped their case.
Initially, they indicated that they would agree to the deadline, but then changed their minds, prompting us in late December to file a motion for the judge to impose a deadline. Unfortunately the hearing date ended up being nearly two months away (it's next week), so, in a situation where every week counts, we've lost two precious months. Hopefully the judge will indeed impose the deadline, but then we're still looking at another month or two before we could proceed. So April is our best case for getting started, and pool builders will all be busy by then.
In short, there's a very good chance that we will lose ANOTHER Summer (or at least a big chunk of it), which is truly sickening and disheartening. I suspect that might be part of their strategy... wear us down until we give up out of frustration. It's not going to work though.
They FINALLY did send someone to inspect the pool last week (but we still have to wait).
--Michael