Plaster failure
- Thread starter dumbcluck
- Start date
I still haven’t met with him but I did meet with someone else who shed some light on the situation for me.
sktn77a
Gold Supporter
Oh sorry...
Kim from OnBalance was in town and stopped by. He feels that it is possible that a poor mixture that was used, creating some shrinkage, which lead to cracks in the plaster, causing the nodules to form. Since it is pretty much poolwide and also in the new part (spa that was added) the best solution would be a complete replaster.
Seeing as how the article that the pb is using to prove his side (that it was caused by chemical imbalance) says nothing to that effect, and in fact states that chemicals have absolutely no similar effect on random plaster spots, he really doesn’t have a leg to stand on. Oh, and by the way, that article was also written by Kim so he is very sure of the authors position on the matter.
Kim from OnBalance was in town and stopped by. He feels that it is possible that a poor mixture that was used, creating some shrinkage, which lead to cracks in the plaster, causing the nodules to form. Since it is pretty much poolwide and also in the new part (spa that was added) the best solution would be a complete replaster.
Seeing as how the article that the pb is using to prove his side (that it was caused by chemical imbalance) says nothing to that effect, and in fact states that chemicals have absolutely no similar effect on random plaster spots, he really doesn’t have a leg to stand on. Oh, and by the way, that article was also written by Kim so he is very sure of the authors position on the matter.
Wait, what?
You had our very own Kim @onBalance at your house??? Holy shnikes, you might as well go play the lottery, cause you literally hit the jackpot!!!
Pb is dodging me. Now claims he’s going out of town. I know that my phone still works in other towns too.
He has one last chance to own up before I break it down to him. This is ridiculous.
He has one last chance to own up before I break it down to him. This is ridiculous.
- Jul 21, 2013
- 53,051
- Pool Size
- 35000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Pentair Intellichlor IC-60
Ajw22 I have checked that out. Thanks I appreciate all the assistance I have received from you and everyone else on here. It makes all the difference.
I don’t mean to seem like I’m whining on here, just updating. I know what it’s like to get involved in a thread and then it suddenly stops and you never get the details or resolution.
I don’t mean to seem like I’m whining on here, just updating. I know what it’s like to get involved in a thread and then it suddenly stops and you never get the details or resolution.
I do NOT hear whining at all! I hear someone sharing what is happening to them and how they are working through it. This will end up being helpful to someone down the road. Please keep updating as things happen. 
- Jul 21, 2013
- 53,051
- Pool Size
- 35000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Pentair Intellichlor IC-60
That’s fine. Never sure what folks may miss in thread clutter. I just wanted to make sure you understood what was available to you in CA as this dispute with your PB escalated. We have seen this story before here.
Keep us informed. We expect a happy ending although it may be a slow slog to get there.
- Oct 25, 2015
- 5,190
- Pool Size
- 25000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- CircuPool RJ-60 Plus
Jimbo,
So sorry to hear about all the problems you're going through. I know almost nothing about plaster but I do have a LOT of practical experience dealing with claims and disputes with constructors. Here's what I'd advise:
Chris
So sorry to hear about all the problems you're going through. I know almost nothing about plaster but I do have a LOT of practical experience dealing with claims and disputes with constructors. Here's what I'd advise:
- Objectively determine the magnitude of your damages. You can do this by getting estimates to repair from reputable contractors. You can only afford to spend this much to get him to perform and even at that you're only break-even. Stress and anger take their toll on you not him.
- You can also seek out a qualified subject matter expert to give you an opinion and recommended repair. This will cost some $.
- If it were me I'd contact the contractor and tell him you want a final meeting before you escalate to legal recourse. Tell him your objective is for one final chance to resolve the matter and if not resolved or he does not meet with you then you will next contact an attorney. Tell him after this meeting or his failure to meet the only future contact will be through your attorney. You want a financial settlement so negotiate for this. I wouldn't want him messing with the pool again. Start with the total maximum cost and negotiate from there. If you get anything you consider significant I'd take the money and run.
- Find and meet with an attorney experienced with contract disputes. First meeting will be free or minimal cost.
- It is almost never a good solution to go the full legal route. Problem is attorney costs are $350+ per hour... it doesn't take many days to exceed the total cost of a re-plaster. But there may be some cheap options like just send a demand letter or other that may jolt him into action. The attorney will suggest these or other.
- I had an excellent full-time corporate attorney that supported me most of my career. He would never let me pursue a claim in court. Most of my claims were for millions due to defective construction. As mad as I got at him for this, he was right. I watched the headlines when competitors went the full legal route... there were no winners. What he did do is give me a lot of help objectively assessing legal and "short of court" options like the demand letter that were surprisingly effective.
- As negative as this post may sound I want to clarify that 95%+ of the constructors I dealt with were superb! Disputes were rare and were settled fairly/quickly without attorneys. There are however a few really terrible ones out there and unfortunately it appears you got one of them.
- So the objective is damage control. Your contractor's agreement was almost certainly written by his attorney and extremely one-way in his favor. Get some money if you can and find somebody to properly repair or re-plaster. Then get on with life and don't look back. Fix the pool and enjoy the important things in life!
Chris
I spoke with the PB yesterday and he really wants to meet in person. All he wants to do is try and convince me that the damage is not enough to warrant a full replaster. I told him on the phone that is the remedy that I am looking for, and he needs to take responsibility. I mentioned going to court and he says fine, he's never lost. I mentioned the Contractor License Board and he said, even better. He claims he has a clean record and a 5 star rating. He also claims that he does 400 pools a year. I had to mention that if he did anywhere near that many pools and has been doing it for more than 40 years he should have a little more knowledge about how things work in a pool and the processes of building one. He says that there is too much to know about all of it and that's why whenever I ask a question he refers me to somebody else for an answer. He even said that he wouldn't be the one to show up in court, it would also be an expert. He keeps saying that he wants to make this right. He just doesn't seem to want to do what is needed. Frustrating at best.
He is talking you in circles in hopes you will get tired of it and go away....................NOPE!!!!
- Oct 25, 2015
- 5,190
- Pool Size
- 25000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- CircuPool RJ-60 Plus
Sounds to me like he's very experienced... at being sued and going to court that is! Keep up the pressure to get him to offer a financial settement. Tell him your next step will be to meet with a local investigative reporter. They will see in full color what the quality of the work was and the will also inter view a pool expert. Tell him you still want to settle this privately with him but if he forces your hand you'll play it.
My $.02.
Hope it helps and good luck! Please do keep us posted.
Chris
Man this thread is depressing. He is likely the one afraid of you. You have to wonder, if a contractor said he has never lost in court, why has he had to go to court so many times? If he builds 400 pools a year he has more than enough income to replaster one pool. Hes being rude trying to strong arm you into backing down.
Like a few posts above, pay for a few experts to come out and document their findings.
Is small claims court while representing yourself an option? Court costs for us were pretty minimal and the losing party (them) ended up paying for a refund and our court costs. Its fairly simple, both sides state facts and a judge decides on the outcome.
Like a few posts above, pay for a few experts to come out and document their findings.
Is small claims court while representing yourself an option? Court costs for us were pretty minimal and the losing party (them) ended up paying for a refund and our court costs. Its fairly simple, both sides state facts and a judge decides on the outcome.
- Jun 7, 2017
- 9,140
- Pool Size
- 29000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Jandy Aquapure 1400
I find it VERY hard to believe he does 400 pools a year. That is more than one per day. I am sorry you are going through this it sucks when a builder won't take responsibility for his work.