Pool Builder Breach of Contract

[Mcfalcons15]

Hello, I am new to the forum and looking for help.

I signed a contract to have a pool built by a contractor on 1/20/18. There was an initial delay (in the contract) pending HOA approval which was received in April. The excavation was done on April 23rd, with additional trenches dug on April 29th. The rebar was placed on May 9th, then the rain came (week straight). The rain caused damage (cave-in of deep end) to the excavated hole on May 19th. Since then only one crew has been to the site to do clean up work (3 guys with small shovels). They did no noticeable repairs. Every time I contact the company they say they are trying to find the best way to repair the site. A guy came about a week ago and took some pictures of the site, but nobody has done any repairs. The rebar is bent in, and the dirt has been pushed back away from the initial dig.

On my contract there is a section that states "Construction shall be scheduled approximately 7 working days after permit has been obtained and shall be substantially completed approximately 35 working days after completion of excavation, weather permitting."

This is where I think the contractor is in breach of contract. I financed my pool, and the finance company pays the contractor directly in 4 stages. They have received the first quarterly payment, at excavation, but have not received anything further.

If I was to take them to court, and they were found to have breached the contract, what would my options be at that point? Would they be required to refund the one payment or am I stuck with paying someone for an unsightly hole in my yard? I really want them to finish the project, and am afraid if I take them to court, I will have to start the process over with a more expensive builder, and will have to deal with the massive hole in my backyard.

Thanks!

 

[Jimrahbe]

Mc,

Welcome to TFP... a great place to find the answers to all of your pool building questions, no matter what kind of "Wine" you drink...

Sorry about your delay, but please keep in mind that we are, for the most part, a bunch of pool owners... I would not take any legal advice from this group, no matter how well intended it might be..

You would be much better off talking with a lawyer in your local area...

Thanks,

Jim R.

 

[PoolguyinCT]

The cave in is a weather created delay.

 

[sktn77a]

substantially completed approximately 35 working days after completion of excavation, weather permitting

Unfortunately, I think this eliminates any legal recourse at this point (not that I would recommend this in your case). I'd keep trying to work with the company. You want them to get it right. If this takes longer, then that's what it takes.

We signed a contract on our original pool on May 1, 1996. The pool was supposed to be completed mid June (6 weeks). We ended up starting to fill it Sept 1. I know what you're going through but work with the contractor - it'll be better all around in the long run.

 

[jimmythegreek]

Weather permitting has u tied up w them. Call and talk nicely w them and see if u can get them to move on it. I'd bet they r losing money having to redig and move the rebar and are hating ur yard right now. If u want fast replies offer them a little cash. Ur prob saying huh right now. Think if u were builder u have a set schedule and margin on the job. Bringing digger and rebar amd guys out again is ur bottom line hea Tryon to figure something out himself he may even have business insurance and that's why pics r being taken he may be trying things on his end delaying you. Maybe try talking to him on the basic level of money and where he's at with this. Frank talk can be very informative

 

[Hoots711]

My 2 cents. The slightest mention of legal action to your PB will push him into a corner and make the relationship not salvageable.

Even if you are in the right, your best chance of being made whole is to work with your PB.

As other have said, request a face to face to calmly discuss the plan forward. See if you can find something you can live with. If you end up in a legal battle it will be a long road ahead, and you will struggle to find other contractors to complete the work.

Good luck

 

[zea3]

If you were to go to court over this, a lot of weight is going to hang on whether a good faith effort was made to comply with the terms of the contract. When completion hinges on weather and there have been many weather delays, any effort by the builder is going to be seen as a good faith effort. In other words they have not abandon the project. In reality they are approximately 1 month behind schedule, which a lawyer will probably tell you is not an outrageous amount of time, and they would probably also tell you to give the builder more time to make good and complete the project before pursuing a lawsuit.

Keep communication open with the builder and try to keep a positive working relationship. Stay on his radar, but don't start threatening legal action unless he is refusing to provide services you have paid for. If it becomes adversarial, find out what state regulatory board pool builders operate on in your state and file a complaint. They may be able to mediate the situation. A lawsuit is your last resort, the final arrow in your quiver so to speak. If you shoot it too soon and miss, that's it your done. No more arrows.