Under Construction 17 months. Gunite Exposed 11 months and Feeling Exposed Financially.

[Myersfam]

Hello,

In March I needed help with a worry about exposed gunite. Thank you again for all those who helped! See below for previous post.

Still waiting on marcite since last post... and have a pretty touchy Q.
My contractor has been paid 92% and I still have marcite, lights, some drainage issues, tile grout, some damaged pavers, and some electrical work incomplete. He said he will not finish the job or schedule the marcite before his final check.
Am I allowed to ask for balances left unpaid to subs before I cut the final check and expose myself to liens? I am concerned that my contractor will not complete job or pay the subs.

PS Pool was started Feb 2021.

Thank you so much for any answer,

Erin



Previous Post March 2022:

I have read as many gunite curing articles as possible and cannot find the answer to this question: How long is too long when curing gunite?
I am currently at 7 months since the gunite was shot in the pool. No sealant/marcite yet. The pool just sits with raw gunite and ground water in the bottom.

Thank you for your help!

 

[allidb85]

What does your contact say? Work should be completed in phases and checks cut at each phase. I wouldn’t pay them anything until they complete the work.

 

[Toxophilite]

Not that your situation with the timeline is anywhere near typical, but I think it's typical that the last phase of plaster and setting of lights is in a 8-10% range of final payment schedule, like all other phases are pay, then go forward. With that should be getting equipment up and running and initial water treatment. Punch lists being done at end of each phase being common before moving to next phase, though that inevitably leaves the final punch list with the honor of PB warranty. No, you would not be out of line contacting every sub to make sure they have been paid. It would be unwise not to!

Edit to add: It appears that in Florida you have some pretty good protection from subs' liens. They needed to have provided you Notice prior to work, or just after starting, that they intended to preserve their right to file lien. Seems pretty explicit that barring that Notice, they have waived that right and have no recourse on the homeowner's property. You paid the PB as contractor.

 

[Myersfam]

Hello y’all,

Thank you so much for your feedback. I feel more confident about checking on balances left unpaid.

Erin