Pool Contractor Issues- - Any Advice Appreciated

MikeyC

0
Silver Supporter
Jul 10, 2017
25
Athens, TN
So I will try to make this long story shorter. We came to an agreement back in March with our pool contractor. We received the contract and I made the down payment (half of the cost $17,000) on April 2nd. Today is July 3rd and the pool is still not started. I am really losing my mind thinking I have lost my money. So many excuses and out right lies have been told. The contractor even changed his pone number at one point without telling me. I found him online and went to his house. He is very old and stated it was a mistake and so on. After that, they brought all of the pool equipment and dumped it in my driveway where it has been sitting out in the weather for over 6 weeks now. The frame, pump, sand, and more. A few weeks ago he told me he had a new builder and that the previous builder was just too busy to do my pool. The new builder told me he was fininshig up a pool and would start on June 26th. We ll June 26th came and it was raining that day. He did actually call me that day to tell me he could not start in the rain but I ahve not heard from him since and the weather has been just fine. I am now trying to find out what my options are to get out of all of this and get my money back. All of my money! I do not want the equipment that has been sitting out in the rain and heat for 6 weeks either.

Anybody ever taken legal action against a pool builder before? How do I do this?

Very frustrating! We should have been enjoying a pool a month or two ago and now it has come to this.

MikeyC
 
Usually if you spend a few $ and get a lawyer just to call the contractor it's enough to put the scare into them. You may just want to keep the equipment if installers are that busy you may be next year before u get done.. it's pool equipment it's designed to be outside
 
Usually if you spend a few $ and get a lawyer just to call the contractor it's enough to put the scare into them. You may just want to keep the equipment if installers are that busy you may be next year before u get done.. it's pool equipment it's designed to be outside

If he is a clown that will work.. he sounds like a clown..

A competent contractor in the right, would scoff at such a call..

Anyway, this has clown show written all over it.
Law enforcement contact is free, if OP is totally transparent ( I believe he is) a larceny inquiry will get him off the saddle for free.
 
Appreciate the advice. Pool builders are very scarce where I live so I did not have much of a choice. Basically this guy was the only one that actually returned my call and gave me a quote. Seems I may have to start with the law enforcement call first and see where that leads. Very frustrating!
 
Is asking for half upfront typical? To me it sounds like he has credit issues and he can't cover the upfront costs to even start the project.

I've always been told to look out for contractors who ask for too much upfront before starting work.
 
While it is normal for contractors to get a % up front 50% seems a little high. But who knows maby that contractor has always operated that way... Usually payment is done in steps as sections of the job are completed. Then their is a hold back untill final inspection and customer is satisfied
 
So sorry to hear about your contractor problems. They are the worst. So stressful.

I can describe for you how it works in CA. You'll need to determine how much of this applies to TN. There might be several things you can do before you start paying a lawyer.

It is flat out illegal for a CA contractor to ask for more than a 10% deposit. There are some obscure exceptions to this, but they would not apply in your case.

In CA, there must be a properly formatted contract, and the contract must have a properly formatted 3-day cancellation clause. If either are missing, then a consumer can invoke the 3-day cancellation option at any time, including any time after three days. You must return all materials to the contractor, he must refund your money in full.

Are you saying you gave him half of $17K, or $17K was the half you gave him? In CA, small claims court goes up to $10K. So if TN has a small claims venue, and what you gave him is less than the limit, you can pursue this in court without a lawyer.

But before you do that, i see that TN has a "Tennessee Board for Licensing Contractors." In CA, the Board would be all over this. Go to their website, and if available, file a complaint immediately. Then you can call them (or they will contact you), and you can find out what they can do for you. In CA, once a complaint has been filed, they contact both parties and attempt to mediate a solution. My mediation failed, and I thought I was done with the Board, but apparently my case worker had some tricks up her sleeve and a few weeks later the contractor ponied up the entire amount of the damages I was seeking. No court!!

If you do end up in court, and win, the challenge is actually collecting. Your money is most likely long gone, probably spent on some other project. This, unfortunately, is not atypical of contractors who seek large deposits. They get behind, then use deposits from future contracts to finance ongoing ones. In CA, if you win a judgement, and the contractor won't pay, the Board will step in and suspend the contractor's license until he pays you. In your case, this is a dual-edged sword. He'll be out of business, and will have to cease all projects, until you're paid. But he'll be out of business, so how can he pay you? But at least with a judgement, and the threat of suspension, you'll have some leverage. (Again, if TN works as CA does.)

You should have already ceased speaking to the contractor and should now communicate only in writing. That way, there's no chance for any he-said-she-said BS. Email is OK, certified letters are preferred. You could try asking for your money back. Or you could give him a deadline (say two weeks), to begin construction, or inform him you will be pursuing a resolution in court. In CA, you must notify the contractor of the issue(s), allow him a reasonable time to perform, and you must state that you will be suing him otherwise. Once the deadline is past, you're free to pursue the resolution to the construction issues with another contractor. The more of this communication you do in "provable" format (in writing), the better.

Hold off on the lawyer, write a demand letter to the contractor, explain what you want, give him a deadline (include the language about suing him), send it certified mail, file the complaint with the Board. Wait a few weeks and see what happens.

I'd be tempted to secure that equipment from outside. What you don't need is him coming to claim it without you knowing about it. Or having it stolen. It would be sticky determining who owns it at this point, and who is liable for it. Moving it inside would protect it, for now.

Good luck.
 

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While it is normal for contractors to get a % up front 50% seems a little high. But who knows maby that contractor has always operated that way... Usually payment is done in steps as sections of the job are completed. Then their is a hold back untill final inspection and customer is satisfied

By the same token - a 50% Final is also to risky to trust a client with..
 
Normal in my area is 10% deposit, 40% upon delivery of pool, 40% at start of construction and 10% upon completion.

I am with pool guy, a visit from the sherriff will be effective.

No offense to you PBs, but that payment schedule would not be acceptable to me, "normal" or not. A consumer should not be paying in advance of anything, save the deposit, and a small one at that. Second draw for delivery should not exceed the wholesale value of the goods (second draw + deposit, that is). Third and subsequent draws should be related to the work completed, after it is completed. And that final 10%-owed level shouldn't be reached until after all the work is completed. Then final payment when final inspections are all passed and consumer is satisfied.

A contractor is supposed to be solvent, and able to afford the construction of the pool (front the cost of it) as construction progresses. It is reasonable to pay a contractor immediately for work completed or materials delivered, so that he can promptly pay his vendors. But (IMO) it is not on the consumer to finance the operation in advance, and to have to pay more for the value received at any point in time. Likewise, the consumer needs to be solvent, too, and have the funds to pay the draws immediately available.

The consumer should be constantly owing something to the PB, not the other way around.

In CA, the Board is the sheriff, and in my experience law enforcement does not get involved in such matters. If you accuse someone of a crime, it is not law enforcement's role to ascertain who is right and wrong and then go on to extract justice (payment in this case). Even the Board can't actually extract payment. If the PB is not willing to pay, then the court system is the resolution. I'm not saying a visit from a sheriff wouldn't be effective, or a call from a Board case worker (that's what worked for me), I'm just saying neither has the authority to force the contractor to do anything, until a judge decrees it, so hope something like that works, can't hurt to try, but be prepared if it doesn't. Also be prepared for the sheriff to turn you down and suggest litigation, which is their usual MO where I come from. Which is why you follow your state's procedures for such things, get things in writing, take lots of pics, use certified mail, etc. All those things, including visits from sheriffs and calls from the Board, let the contractor know you mean business and that you are actively pursuing legal resolution. They are all at first a type of intimidation, but if due process is followed, they then serve as the foundation of your court case should it come to that.
 
Lol. If you wouldn't pay more than a small deposit and wholesale equivalent for the first payment, you wouldn't get a pool built in San Antonio at all.

I talked to many builders and argued payment schedules, none of them would agree to something like that.

Now, none of them asked for 50% up front though, either... Not even close. A more reasonable 20-30% per major milestone is more common.
 
The irony of how some of these scenarios play out: while it's reasonable to expect, and generally practiced, that a vendor provide a product or service first, then get paid upon the consumer's acceptance of same, when things go awry, and lawyers get involved, it's the lawyers who have orchestrated an exemption for themselves from this established system of doing business. They usually ask to be paid in advance (they disguise this fact by calling it a retainer). And often that retainer is in excess of expected costs!! So much for a 10% deposit. And while they are all on your side, and fighting on your behalf against the big, bad contractor who took all his money up front and didn't complete the job, they'll only do so if you give them all their money up front before they complete the job!!!

So I give my thoughts here about all the things one might try when work and/or payment are in dispute, and involving a lawyer is always last on the list. When a lawyer is involved in a resolution of this type, the only party that walks away with all the money due them is the lawyer!!
 

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