Punch list items?

I've seen that term used in build threads. They're referring to all the things, big or small, that the PB (pool builder or project manager) needs to complete or fix before the pool is considered done (hopefully before the final payment is made). You present such a list to the PB.
 
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The term Punch List comes from the housing construction industry. But can be applied to most any project such as re-painting the interior of a house, purchasing a boat, etc. It is a list of items that you find that 1) is not to your expectation, 2) incorrectly assembled, 3) non-functioning. It can be big or small. The contractor is obligated to review it with you and determine if it really needs repair, replacement or that it is demonstrated it is as it should be. It is always done prior to handover of the product (house, pool, etc.) to the buyer. Once completed, then final payment is made.
 
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You should bring it up, but he'll likely use the contract clause to get out of fixing it.

I have this vague memory, but it might be worth looking into should he deny you. When a contractor ruined my pool, my homeowner's policy wouldn't cover it, because the contractor was working on the pool. But I think I remember them saying if he had damaged something other than the pool, then that would be covered.

So talk to the PB first, and it that's a no go, give your insurance company a call. If they say no, be sure you have them show you in your policy the exact wording that allows them to deny the claim. Some insurance companies just say no as a matter of course, to get you to give up. Make them prove they are not liable for the fix. Good luck.
 
You should bring it up, but he'll likely use the contract clause to get out of fixing it.

I have this vague memory, but it might be worth looking into should he deny you. When a contractor ruined my pool, my homeowner's policy wouldn't cover it, because the contractor was working on the pool. But I think I remember them saying if he had damaged something other than the pool, then that would be covered.

So talk to the PB first, and it that's a no go, give your insurance company a call. If they say no, be sure you have them show you in your policy the exact wording that allows them to deny the claim. Some insurance companies just say no as a matter of course, to get you to give up. Make them prove they are not liable for the fix. Good luck.
Thanks I’ll bring it up and see what he says. I looked at the contract more closely and it does not mention exterior walls as items they are “not responsible for damage located in or or adjacent to the access route to the pool site”. The cracks in the stucco is not by the access route. Rather it is located where they were tearing out the old decking. I assume they hit too close or did hit the wall creating the cracks.
 
You might have something there. Go for it. I think it's appropriate for a clause like that to protect them from damage that might occur by running heavy equipment over a driveway or walkway. They shouldn't be liable for what might be old or weak horizontal surfaces, as long as they are reasonably careful. But it's not cool for them to be running into walls. Well, the contract is what it is. Let's see what he says.

If they did damage to your stucco somewhere off the access path, they should make that right. It's just sloppy or negligent not to protect your property from damage if it can be helped. Good luck.

Hopefully either the PB or your insurance will pony up. How bad are the cracks? Fixing the stucco might be less than your deductible if the cracks are not too bad.
 
If he has liability coverage. Many don't bother (I'm gonna guess most). Mine didn't have any. 😔 Something I won't neglect to insist on the next time I hire a contractor.
 

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If he has liability coverage. Many don't bother (I'm gonna guess most). Mine didn't have any. 😔 Something I won't neglect to insist on the next time I hire a contractor.
It's so crazy operating without insurance. When something happens they close the company and set up shop under a new company name. I don't know how they sleep at night .
Yes make sure they have appropriate insurance and make sure the contract you sign does not include a waiver of liability.
That's their other sneaky trick.
 
It's strange how various states have different rules when it comes to basics. Here in NJ anyone can become a licensed contractor. All you need is a legit business setup like a simple LLC and general liability insurance. You submit that to the state as proof and pay the fee and you are a licensed contractor. If you didnt have insurance you could be sued personally most likely
 
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