- Nov 12, 2017
- 12,688
- Pool Size
- 12300
- Surface
- Plaster
- Chlorine
- Salt Water Generator
- SWG Type
- Pentair Intellichlor IC-40
Doubtful, unless the company(ies) responsible turn on you and out-n-out attempt to screw you over. You describe how the PB and/or the plaster company advised adding a gallon of acid. Did you yourself add the acid, or did they? Any chance those exchanges were in writing, email maybe? Also, does your contract stipulate that the PB would perform the startup? And/or manage the pool for the first 30 days? Any mention of who is to manage filling the pool? Here's what I'm getting at: If you have written proof that (1) the contractor was responsible for filling the pool, the startup process, managing for the first 30 days and was responsible, one way or another, for adding that acid (dropping the pH), then you are totally in the clear. The more of those you can prove the better. But even if you can't actually prove any of those things, IMO, you'd still have a strong case. You hired a contractor to build you a pool. You are the consumer, not the expert. He didn't perform. His product has a significant defect in materials and/or workmanship. If you did no action that can be directly shown to have caused that defect (and you didn't, of course), then you are not liable for the repair. And it would be a huge stretch for the PB to prove that those rings were caused by anyone or anything that was not in his charge. He is liable.Took 24 hour pictures and nothing has changed (as suspected) PB is now contacting warranty company who will come out and take a water sample. Is there anyway I could possibly be screwed here?
So, first things first. We'll wait out the warranty assessment before we start lobbing grenades. In the meantime, it's important that you:
1. Do not pay the contractor any more money. If he asks, we can get into why you don't have to. For now, retain whatever leverage you have left.
2. Do not do anything else to the pool. Don't try to fix anything yourself. Don't add any chemicals. If asked to, simply reply you are not comfortable doing so and would prefer the PB or his rep perform any and all further actions. If you doing the brushing is mentioned in the contract, or otherwise in writing, that's OK to do.
3. Minimize or eliminate the he said/they said scenarios. As Kim suggested, capture things in writing as much as possible. If conversations take place, have someone witness them. No more conversation between just you and the PB. Limit phone calls to "Hey, can you email me those instructions?" or "Hey, can we meet at the pool to discuss that?" where you can meet him with a witness. Seriously.
This sounds ugly, I'm sure. You can still be respectful and tactful, even friendly, but if this goes south you want to be prepared. We here at TFP are treading lightly (well, others have, so far) because we are trying to help you via an Internet forum and posted pictures. We're not there at your pool, and we weren't witness to what transpired. But we all know what happened (or think we do). Someone from the PB's crew messed up and allowed water to puddle on new plaster. This is a well known and 100% preventable phenomenon, and 100% his responsibility. He knows this. The plaster guy does too. IMO, acid isn't going to fix this. Your pool is likely going to need to be replastered. They both know this, too, and are currently back-pedaling to find a way out of ponying up what this is going to cost someone. (Someone other than you.) We're all crossing our fingers for you that one of these guys (PB, or plasterer or warranty co) is going to man up and do the right thing. That is likely to happen. If not, we can point you in the direction of a resolution.
Let's think positive while we wait for the warranty assessment...