Call for an inspection.
If the actual work does not conform to the permits and plans, you can have a stop work order issued and the department can take action to require remediation.
Strange tube exiting around pool
- Thread starter poolq635
- Start date
If the actual work does not conform to the permits and plans, you can have a stop work order issued and the department can take action to require remediation.
- Nov 12, 2017
- 12,679
- Pool Size
- 12300
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Pentair Intellichlor IC-40
I think so, yes. The CSLB's (California State License Board) website describes the various licensing classifications. It's a little thin, but my interpretation is that pool contractors have a broad range of capabilities:
Licensing Classifications
www.cslb.ca.gov
A Trade Contractor has to have a Licensed individual to qualify as the person responsible for permits pulled by the company.
Can you verify that there is a qualified licensed individual?
Contact that person directly as they are responsible for the work being done to local building code.
You can file a complaint against the company and against the individual if necessary.
If they do not have a qualified licensed individual, then you can probably have a stop work order issued.
Can you verify that there is a qualified licensed individual?
Contact that person directly as they are responsible for the work being done to local building code.
You can file a complaint against the company and against the individual if necessary.
If they do not have a qualified licensed individual, then you can probably have a stop work order issued.
Building Official Information Guide - CSLB
www.cslb.ca.gov
The terms “qualifying individual” and “qualifier” are used interchangeably.
The qualifying individual is the person who meets the experience and examination requirements for the license and who is responsible for the employer’s or principal’s construction operations.
A qualifying individual is required for every classification on every license issued by CSLB.
The qualifying individual may or may not be the owner of the business. (See California Contractors License Law & Reference Book, Ch. 1; or Blueprint for Becoming a Licensed Contractor, Questions 49-53.)
- Nov 12, 2017
- 12,679
- Pool Size
- 12300
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Pentair Intellichlor IC-40
If you're confident the neighbor's relationship is not salvageable, AND the pool is still under construction, then I might suggest an alternate route. Instead of pussyfooting around the neighbor's feelings, I'd get it on. You want the city and HOA involved quickly, before the permit is finaled. Once that happens, the Contractor will disappear (especially after the last payment) and the HOA might try to claim "Sorry, nothing we can do now."
Get the city out and insist they red-tag the job. If the pool doesn't match the plans, this should be almost automatic. Write the letter. Send it certified. The decent thing to do is to give her two weeks to comply. Send a copy to the HOA and the Contractor. If there is any chance the city will final the permit before then, then don't wait to get them involved. Otherwise, if you think the two weeks is safe, then wait to call in the city.
Two weeks is kind'a the magic number. You're building a case that you hope to never have to have tried, but you still gotta build it. The letter and the two weeks will show the judge that you tried to be reasonable. If contacting the city during the two week notice becomes necessary, then do it. It won't really impact your case much. You can claim that you were worried about your foundation and that you were actually trying to mitigate the defendant's financial exposure: you wanted to solve the drainage problem before she became liable for even more damage. (Which is all true.)
If you feel more comfortable using a lawyer for the letter, engage one now. If you want to give it go, I'll point you in the right direction. I'm not an attorney, nor do I play one on TV. My letters have worked, is all. One with a Small Claims court judge, another with the CSLB. I've never had one tested in CA Superior Court.
The Small Claims limit in CA is now $12500. If you think you can get the drainage solved for less than that, then you might be able to keep this all in Small Claims Court, and you could get away with your own letter. If you think the repair will be more, then you're looking at Superior Court and that's going to require a lawyer, so you might as well use one to write the letter.
Get the city out and insist they red-tag the job. If the pool doesn't match the plans, this should be almost automatic. Write the letter. Send it certified. The decent thing to do is to give her two weeks to comply. Send a copy to the HOA and the Contractor. If there is any chance the city will final the permit before then, then don't wait to get them involved. Otherwise, if you think the two weeks is safe, then wait to call in the city.
Two weeks is kind'a the magic number. You're building a case that you hope to never have to have tried, but you still gotta build it. The letter and the two weeks will show the judge that you tried to be reasonable. If contacting the city during the two week notice becomes necessary, then do it. It won't really impact your case much. You can claim that you were worried about your foundation and that you were actually trying to mitigate the defendant's financial exposure: you wanted to solve the drainage problem before she became liable for even more damage. (Which is all true.)
If you feel more comfortable using a lawyer for the letter, engage one now. If you want to give it go, I'll point you in the right direction. I'm not an attorney, nor do I play one on TV. My letters have worked, is all. One with a Small Claims court judge, another with the CSLB. I've never had one tested in CA Superior Court.
The Small Claims limit in CA is now $12500. If you think you can get the drainage solved for less than that, then you might be able to keep this all in Small Claims Court, and you could get away with your own letter. If you think the repair will be more, then you're looking at Superior Court and that's going to require a lawyer, so you might as well use one to write the letter.
- Nov 12, 2017
- 12,679
- Pool Size
- 12300
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Pentair Intellichlor IC-40
I did use the CSLB, and they did resolve a rather expensive issue. But I learned a lot and it is not encouraging. I'm not saying not to get them involved, I'm just saying don't expect much. They don't have much authority. Firstly, you're not a party to the contract (if there even is one). The contractor isn't working for you. Secondly, they have the power to suspend a contractor license, but only after the case has been adjudicated.
Before that happens, all they really do is contact the contractor and have a conversation with him. They can't compel him to do anything. And I'm not sure they'd even do that seeing that it's not your contract. But it won't hurt if it comes to that.
I had zero luck with my contractor's bond and insurance. That was a total dead end. What I think I learned was: the bond company is the arbitrator for the complaint. They decide if they're going to pay out. A massive conflict of interest. A construction attorney would know more. It just didn't work for me.
The case that I had solved by the CSLB never made it to court. The contractor caved and paid me (I had already had the work done after writing the letter and waiting the two weeks). I never found out why. They might have tried some leverage, not sure. Maybe some empty threats? It's also possible the same contractor had other pending litigation and didn't want my case floating around while he was trying to settle another matter in court (I found some evidence to suggest that). No matter. The point was: the CSLB does work, but it's not the guarantee you might hope for.
Before that happens, all they really do is contact the contractor and have a conversation with him. They can't compel him to do anything. And I'm not sure they'd even do that seeing that it's not your contract. But it won't hurt if it comes to that.
I had zero luck with my contractor's bond and insurance. That was a total dead end. What I think I learned was: the bond company is the arbitrator for the complaint. They decide if they're going to pay out. A massive conflict of interest. A construction attorney would know more. It just didn't work for me.
The case that I had solved by the CSLB never made it to court. The contractor caved and paid me (I had already had the work done after writing the letter and waiting the two weeks). I never found out why. They might have tried some leverage, not sure. Maybe some empty threats? It's also possible the same contractor had other pending litigation and didn't want my case floating around while he was trying to settle another matter in court (I found some evidence to suggest that). No matter. The point was: the CSLB does work, but it's not the guarantee you might hope for.
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- May 23, 2015
- 25,746
- Pool Size
- 16000
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Pentair Intellichlor IC-60
Their friendship is irrelevant. You pay your HOA dues and your lot is a coequal member of the association. The rules apply to everyone and the head of the ARC reports to the overall HOA Board. Unless she’s paying off all the Board members, then you have every right to file a complaint with the Board and ask for their inspection. If the ARC head knowingly allowed this violation to occur, then that is grounds to have that Board member removed for dereliction of duty.
The plans called for a raised pool wall and minimal fill (4” is not a lot of fill, enough to make a good ground level after heavy equipment). 14” is a HUGE lift. You are on very solid ground here with your complaint.
It’s my property along my foundation where all the water pooling. I have all the dirt for 5 feet up to the new walkway (that walkways used to be on grade and further away but she just moved it over to the property line)
So it is my property but she has an easement to use it for gardening. In order for me to get to it, I have to enter her gate. When you walk in her gate, you are on walkway (her property) but immediately to left for entire length of property is 5 feet of my property)
- Nov 12, 2017
- 12,679
- Pool Size
- 12300
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Pentair Intellichlor IC-40
Yikes. So basically the original developers and the city approvals for this arrangement built in future neighbor conflict. Sheesh.
The more people you include in the issue, the more pressure it puts on the homeowner and on the contractors.
The contractor does not want to be contacted by 20 different agencies and have to try to explain why they are getting complaints.
If the contractor gets contacted by the HOA, the CSLB, their insurance company, their bond company, the building permit department, the city attorney, the state attorney, your attorney etc. they will probably want to get the issue resolved as soon as possible.
While no entity has absolute power to compel compliance, the cumulative pressure can be effective.
The contractor might have Professional Liability Insurance, which covers Errors and Omissions.
Just because you are not a party to the contract, it does not mean that you do not have rights.
For example, if a tree company is cutting down a tree on your neighbor’s lot and the tree falls on your house, then they are liable for damages.
If the contractor is causing water to accumulate on your lot and it is causing problems, then that can be their liability.
The contractor does not want to be contacted by 20 different agencies and have to try to explain why they are getting complaints.
If the contractor gets contacted by the HOA, the CSLB, their insurance company, their bond company, the building permit department, the city attorney, the state attorney, your attorney etc. they will probably want to get the issue resolved as soon as possible.
While no entity has absolute power to compel compliance, the cumulative pressure can be effective.
The contractor might have Professional Liability Insurance, which covers Errors and Omissions.
Just because you are not a party to the contract, it does not mean that you do not have rights.
For example, if a tree company is cutting down a tree on your neighbor’s lot and the tree falls on your house, then they are liable for damages.
If the contractor is causing water to accumulate on your lot and it is causing problems, then that can be their liability.
San Diego is getting a lot of storms recently.
How much of your flooding can be attributed to what the neighbors are doing vs. what the flooding would be otherwise?
Can you conclusively establish that the neighbor's construction is responsible for your flooding issues?
How much of your flooding can be attributed to what the neighbors are doing vs. what the flooding would be otherwise?
Can you conclusively establish that the neighbor's construction is responsible for your flooding issues?
- Nov 12, 2017
- 12,679
- Pool Size
- 12300
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Pentair Intellichlor IC-40
Totally agree that the neighbor is liable. I'm just not sure the CSLB can intervene on the OP's behalf. But hey, it's worth a shot. If there is a State that has an agency that will stick their nose in where it may or may not belong, especially against a contractor or a landlord, it's California.
I like the multi-prong approach!
It will be the person you suspect the least who will have the biggest impact.
For example, if the contractor checked out a book titled "Pool Building for Dummies" from the library and you know that the book is overdue and you notify Mr. Bookman, the library cop.
Licensed individuals are expected to uphold the highest professional standards.
The Licensing Board has broad powers to address any unprofessional activity by any license holder.
In my opinion, it can be anything that indicates that the company is acting in a reckless, irresponsible or otherwise unprofessional manner.
If their work is adversely affecting the neighboring properties, then it might be due to improper design, engineering, architecture or installation on the jobsite.
In my opinion, the complaint does not need to be made by the person who is getting the work done.
The Licensing Board has broad powers to address any unprofessional activity by any license holder.
In my opinion, it can be anything that indicates that the company is acting in a reckless, irresponsible or otherwise unprofessional manner.
If their work is adversely affecting the neighboring properties, then it might be due to improper design, engineering, architecture or installation on the jobsite.
In my opinion, the complaint does not need to be made by the person who is getting the work done.
Maybe your property used to drain into the neighbor's yard, but now it can't because they have elevated their yard some?
You need a professional who is qualified to examine the situation and provide a professional analysis and evaluation.
Without that, we are just guessing about the situation.
Hilarious video. I’m having someone come in person to take a look and give some solutions.it seems like the problem is that both our yards used to slope away from our homes into a common swale and out to the street. Now their yard is up to feet and there is this slope down from the two feet that lands on my property. Instead of the swale in between. I’m going to try the putting pressure everywhere and hope for results. They failed the last city drainage inspection so at least that process is moving. It seems like the contractor just had no regard for anything and sloped everything down to me. So it used to be the ground slopes down away from my foundation to the bottom of a swale, but he actually buried the weep screed with dirt. The more I’m learning the more he seems inept