Small claims filings are, generally, limited to no more than $5k and the amount of the claim has to be proven, as in need to have the work done first. Not sure how much a re-plaster is.
Plaster failure
- Thread starter dumbcluck
- Start date
Most courts have their dockets online and you can search them. If they aren't online, dockets are public record, meaning you can walk into the courthouse and ask to use a public terminal, where you can do a search. That will tell ya if they have been sued before and what the outcome was. Great tool, specially when researching prospective contractors, etc.
He is not being honest. He couldn’t possibly build 400 pools a year. Nor could he win every case in court nor could he really be happy about being reported to the state licensing board.
I really just don’t even want to have to deal with him anymore. Period.
He plastered my pool and 2 years later nodules started to form. The following year a big chunk of plaster falls off the wall and he’s acting like it’s my fault but he’s such a great guy he’s going to repair it anyway. What a joke this guy is.
I really just don’t even want to have to deal with him anymore. Period.
He plastered my pool and 2 years later nodules started to form. The following year a big chunk of plaster falls off the wall and he’s acting like it’s my fault but he’s such a great guy he’s going to repair it anyway. What a joke this guy is.
Well, the PB just left.
He came by this morning with his plaster expert/negotiator. They looked at the pool, agreed with me that it didn't look good and offered to replaster the pool and split the cost. I asked if they thought that it really needed to be replastered and they said that they thought it would be the best thing to do since there were already new nodules growing since the repair job. I then asked them how they came to the conclusion that I should stick my hand in my pocket on this one. They both tried to convince me that it would be a long and drawn out process and that in the interest of time and aggravation, they would be willing to provide the labor if I paid for the material so we could both move on. I said that I really don't see any way that I could be responsible for this so if they want to bring in experts and pay them to blame me, go for it. I have already had my expert over here and he gave his opinion. I would imagine you value his opinion since you sent an article that was written by him to me to determine what caused the issue. They kind of backed down at this point and agreed to just replaster the whole pool with the agreement that there would be no future warranty on the replaster. Since this is a normal condition of any warranty, I agreed.
They said they would call me on Monday and schedule the work. Let's see how it goes from here...
He came by this morning with his plaster expert/negotiator. They looked at the pool, agreed with me that it didn't look good and offered to replaster the pool and split the cost. I asked if they thought that it really needed to be replastered and they said that they thought it would be the best thing to do since there were already new nodules growing since the repair job. I then asked them how they came to the conclusion that I should stick my hand in my pocket on this one. They both tried to convince me that it would be a long and drawn out process and that in the interest of time and aggravation, they would be willing to provide the labor if I paid for the material so we could both move on. I said that I really don't see any way that I could be responsible for this so if they want to bring in experts and pay them to blame me, go for it. I have already had my expert over here and he gave his opinion. I would imagine you value his opinion since you sent an article that was written by him to me to determine what caused the issue. They kind of backed down at this point and agreed to just replaster the whole pool with the agreement that there would be no future warranty on the replaster. Since this is a normal condition of any warranty, I agreed.
They said they would call me on Monday and schedule the work. Let's see how it goes from here...
- Oct 25, 2015
- 5,147
- Pool Size
- 25000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- CircuPool RJ-60 Plus
In this scenario I would hire an independent inspector with good credentials in the area. Just having him there will help a lot. They will know he could inspect at any time and he will know when short-cuts are being taken.
Good luck!
Chris
Good luck!
Chris
This go round the shell should be scrutinized. Then you will know if your shell is the culprit.
Change orders if so...
Change orders if so...
- Jun 7, 2017
- 9,053
- Pool Size
- 29000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Jandy Aquapure 1400
I'd push for at least 2 years warranty if any application issues come up this will give time for them to flush out.
I wish I could have seen their faces when you told them you had THE author of the paper they sent you out to see the pool in person!! SCORE!!!
Now do you have all of this in writing?
Chip out-this needs to be a FULL chip out. They may try to just chip out around the returns and such. This is much cheaper for them of course. A full chip out is the whole pool. That way you CAN inspect the shell.
Kim
Now do you have all of this in writing?
Chip out-this needs to be a FULL chip out. They may try to just chip out around the returns and such. This is much cheaper for them of course. A full chip out is the whole pool. That way you CAN inspect the shell.
Kim
I wish I could have seen their faces when you told them you had THE author of the paper they sent you out to see the pool in person!! SCORE!!!
Now do you have all of this in writing?
Chip out-this needs to be a FULL chip out. They may try to just chip out around the returns and such. This is much cheaper for them of course. A full chip out is the whole pool. That way you CAN inspect the shell.
Kim
Doesn’t sound like they have been down this road.. if they had been; they would know were the ansi standard criteria & codified language actually comes from & litigiusly negate a third party.
My comment is not to best practice or cause of failure. Juz sayin
I’m not sure what you mean by “the shell is the culprit “ are you saying that it is somehow possible that the shell has caused this to happen?
The shell was existing but the spa was a brand new addition. Since we have nodules on both old and new would that still fit into what you were thinking ?
The shell was existing but the spa was a brand new addition. Since we have nodules on both old and new would that still fit into what you were thinking ?
Well that's not very helpful to the user who's having an issue here???? Can you further explain to help the user?
sktn77a
Gold Supporter
I'd be a little concerned about the "no warranty" deal - they could just slap on some cheap chinese plaster, trowell it incorrectly, too much CaCl, etc, etc, to get out as quickly as possible. Definitely be there on the day they plaster. Tell them you don't want more that 1.5% CaCl in the plaster mix. I'm sure there will be more useful tips from the regulars on this forum.
Quick update, the PB is trying to locate the original tile to replace the inlaid tiles on the steps. He plans to start next week provided that he has found the correct tile he says.
robf
0
We just went through something similar. Our 4.5 year old plaster started delaminating. The company has a 10 year warranty thankfully. According to my research, there are three main reasons for early plaster delamination. Too much calcium chloride used in mix to speed up setting in hot temperatures. Surface not prepped properly. Surface not prepped properly. I brought this to the attention of the warranty guy.
The first course of action was to send a diver out to grind the spots. This looked ugly. Two months later a new spot delaminated. This time they gave us the option to redo the pool in the original white plaster for no charge or to upgrade to aggregate and just pay for materials. We chose to upgrade.
I’m confident there are more knowledgeable folks on this site who can better explain things. The one thing I do know for sure is that aggressive water does not cause delamination. It poses other issues but not delamination. This was not due to owner neglect.
I’m attaching pics of my meticulously maintained pool and the plaster defects. The first one was the most recent spot. The others are where the diver used the grinder.
Attachments
sktn77a
Gold Supporter
Just be sure the surface is prepped properly this time or it will delaminate again.