John from Riverside Posted September 3, 2004 Posted September 3, 2004 As you may or may not know I have been in the process of putting in a inground swimming pool for some time now....as a matter of fact it has been a LONG time....a vinyl liner pool no less and these are supposed to be quick biulds..... I was enticed into signing a contract for the pool because the salesman told me they were getting them in quick and I would have it as early as TEN WORKING DAYS....definately no longer then 3 weeks......but their scheduling board was being reworked so that date was not put on the contract. About 2 weeks into this thing (after they had dug the hole I started the clock from there) it became quite apparent that this company wasnt going to be finished in 2 weeks or even three weeks.....I called the owner and explained the situation to him......who told me it would be put on a priority and it would take TWENTY WORKING DAYS...or basically....4 weeks. It has now been EIGHT WEEKS..........and this was probably the easiest dig they had all year as my back yard is like sand....they basically were overloaded and came out and worked on my pool ONE DAY A WEEK...... I dont want to pay them the full amount.......I didn't get one of those damages clauses where they start deducting after a certain date but it does clearly state in my contract "Cal West will complete the pool by the specified date up excuvation" now THAT date was Aug 13th (they told me there was no way it would take that long back in June) The pool cost 17K....I was going to ask for $500. back....do I have a leg to stand on?
BuffalOhio Posted September 3, 2004 Posted September 3, 2004 As you may or may not know I have been in the process of putting in a inground swimming pool for some time now....as a matter of fact it has been a LONG time....a vinyl liner pool no less and these are supposed to be quick biulds..... I was enticed into signing a contract for the pool because the salesman told me they were getting them in quick and I would have it as early as TEN WORKING DAYS....definately no longer then 3 weeks......but their scheduling board was being reworked so that date was not put on the contract. About 2 weeks into this thing (after they had dug the hole I started the clock from there) it became quite apparent that this company wasnt going to be finished in 2 weeks or even three weeks.....I called the owner and explained the situation to him......who told me it would be put on a priority and it would take TWENTY WORKING DAYS...or basically....4 weeks. It has now been EIGHT WEEKS..........and this was probably the easiest dig they had all year as my back yard is like sand....they basically were overloaded and came out and worked on my pool ONE DAY A WEEK...... I dont want to pay them the full amount.......I didn't get one of those damages clauses where they start deducting after a certain date but it does clearly state in my contract "Cal West will complete the pool by the specified date up excuvation" now THAT date was Aug 13th (they told me there was no way it would take that long back in June) The pool cost 17K....I was going to ask for $500. back....do I have a leg to stand on? 16947[/snapback] Can a dispute of that nature go to small claims court? What's the monetary limit there? If so, go for it! Ask for the most you can get back in small claims court. This is how these GD contractors work. They get all the work lined up and then they screw you once you've signed. Bastards!!! :I starred in Brokeback Mountain: contractors!
JinVA Posted September 3, 2004 Posted September 3, 2004 It really all depends on what reasons they have given you as to why the job has not been completed. If you live on the east coast I can give you two possibilities for the slow work. One is the weather, there has been an awful lot of rain this summer and when your dealing with any type of dirt work this can slow the process down dramatically, not only do you miss out on the days it rains but usually have to let the dirt dry out before returning to the job. Now you did say you had alot of sand so that should be to the advantage of the contractor, as sand tends to allow water to drain faster. Two if they have yet to pour your concrete I can tell you there is a severe concrete shortage right now and most distributors have started to ration their concrete, usually you need to give them about a weeks lead time and when that day comes and your not ready its back to the end of the line. Unfortunately I doubt there is much you could do as these contracts are cleverly written for situations just like this. And by the way I am not a pool contractor but my buisness deals with the same types of hurdles. Good luck.
DeeRay Posted September 3, 2004 Posted September 3, 2004 John... speak with an attorney... it might cost $75 for just a chat but you'll have clarity. Now, as I understand it, the completion date is in the contract and the contract is the instrument that spells out the terms and conditions of the construction. If the terms and agreements have been broken by either party then there are grounds for legal action. You can also contact the Chamber of Commerce, Better Business Bureau, as well as contacting your State attorney General's office and file an official complaint. good luck... it sounds like your on better legal footing than the pool contractor is.
John from Riverside Posted September 3, 2004 Author Posted September 3, 2004 It really all depends on what reasons they have given you as to why the job has not been completed. If you live on the east coast I can give you two possibilities for the slow work. One is the weather, there has been an awful lot of rain this summer and when your dealing with any type of dirt work this can slow the process down dramatically, not only do you miss out on the days it rains but usually have to let the dirt dry out before returning to the job. Now you did say you had alot of sand so that should be to the advantage of the contractor, as sand tends to allow water to drain faster. Two if they have yet to pour your concrete I can tell you there is a severe concrete shortage right now and most distributors have started to ration their concrete, usually you need to give them about a weeks lead time and when that day comes and your not ready its back to the end of the line. Unfortunately I doubt there is much you could do as these contracts are cleverly written for situations just like this. And by the way I am not a pool contractor but my buisness deals with the same types of hurdles. Good luck. 17010[/snapback] I live in Southern California and there has not been one bad day of weather for work for the last 4 months (pretty much) As far as cement goes...it is a vinyl liner pool....the only cement that is poured is around the base....a very small amount..... This is a matter of a company having 2 crews working on 40 pools at once..... Any other opinions out there?...I am about to call them
tatonka12 Posted September 3, 2004 Posted September 3, 2004 I dont know the law where your @ but down here in florida most of the laws protect the contractors ,you can take them to small claims court and you would have to put the disputed monies in a escrow acount until the matter is resolved.but if you want swim before next summer you may want to let it slide whats 500 bucks after you've already droped 17k
Zona Posted September 3, 2004 Posted September 3, 2004 You always have recourse if you are unsatisfied with your contractor. Whether it is a specific contractor or the GC. I would start by calling the company and telling them you are unhappy, and if they do not IMMEDIATELY address those issues you will contact the BBB. Most contractors put great stock in their rating with the BBB and will try to avoid that at all cost. Give them a chance to fix the problem, then call the BBB. If all else fails, the scum-sucking bottom dwelling lawyers should be a last resort. I acted as my own GC 4 years ago when I built my own pool. I dealt with the Contactors directly and scheduled everything according to my own schedule. If given an opportunity in the future, build your own pool. Mine was done in 4 weeks and I didn't have a clue what I was doing when I started. OH- and i built a $40,000 pool for $16,000. Good luck John...
stuckincincy Posted September 3, 2004 Posted September 3, 2004 I dont want to pay them the full amount.......I didn't get one of those damages clauses where they start deducting after a certain date but it does clearly state in my contract "Cal West will complete the pool by the specified date up excuvation" now THAT date was Aug 13th (they told me there was no way it would take that long back in June) The pool cost 17K....I was going to ask for $500. back....do I have a leg to stand on? 16947[/snapback] How much money has changed hands to date? I'm guessing this is a typo - "by the specified date up excavation". What was the excavation date?
Realist Posted September 3, 2004 Posted September 3, 2004 1. File a complaint with local BBB and other orgainzations2. Look for a local "Call for Action" or other such organization by your area and run your complaint thru them. Usually a media outlet has one. Sometimes newspapers have such a column. 3. Withhold any further payments until resolution of problem. If they make a fuss point out clause in contract 17417[/snapback] This is exactly what you want to do. Definitely go to the BBB and immediately lodge a complaint. The BBB will contact them and try and come to a resolution.
Hardy Pyle Posted September 3, 2004 Posted September 3, 2004 John, I've been involved in alot of litigation and disputes because of the work I do as a Bankruptcy Trustee. Just remember, you catch more flies with honey. As the saying goes, let them lift their head a little higher before you hit them. I would try to be as amicable as possible while expressing your concerns, possibly even a letter in a none threating tone. Then, when you are happy with the finished product and have a decent working relationship, you may want to address the problems with the contract. Also, remember, if the law is similiar to Canada, the contract can also place a Builder's lien on your property if not paid in full.
John from Riverside Posted September 3, 2004 Author Posted September 3, 2004 John, I've been involved in alot of litigation and disputes because of the work I do as a Bankruptcy Trustee. Just remember, you catch more flies with honey. As the saying goes, let them lift their head a little higher before you hit them. I would try to be as amicable as possible while expressing your concerns, possibly even a letter in a none threating tone. Then, when you are happy with the finished product and have a decent working relationship, you may want to address the problems with the contract. Also, remember, if the law is similiar to Canada, the contract can also place a Builder's lien on your property if not paid in full. 17528[/snapback] Hardy, Yes that is exactly what he threatened me with....a biulders lien. He also made a vailed threat about my warranty and going the the BBB I have actuallly already filed the BBB complaint.....I am trying to get ahold of the State Licencing Board.......
Stussy109 Posted September 3, 2004 Posted September 3, 2004 Small claims is 3k-2500 or less i think. If you haven't paid in full yet, you are in the drivers seat. None of the threats the guy is saying can be done legally. if they are you have a criminal case. What i would do is offer to pay in full only when you get some extras thrown in, just to cut into his profit margin a little.
Recommended Posts