Originally Posted by DVS Hardscaper
He tells me that he and his former business partner just recently found out that they are being sued. They built a high end pool and they are being sued, not by the home owner, but by the landscape contractor!
What happened is that the home owner hired a landscape company to build a negative edge wall that was veneered with stone. Well, the new pool's shotcrete was applied incorrectly, which caused the pool to leak water, which damaged the wall.
So my buddy (the pool contractor) took full responsibility and instantly started making appropriate corrections. They removed the stone from the wall and cleaned it up. Removed the initial application of shotcrete and installed a new application.
My buddy (the pool contractor) got a price of $3,600 from their mason that they use to install the stone on the wall. All the hard work was done, the wall just needed the stone put back on.
The client's landscape contractor that initially build the wall wanted $9000.00. And they did not do a very neat job with the initial go-around.
So naturally my buddy went with their mason, due to the drastic price difference and due to the fact that they simply were not impressed with the initial job. ...
That will be an interesting suit. There is no privity of contract between the pool builder and the landscaper. So I don't see a contract action there. Any damages would have been sustained by the property owner.
Since the landscaper was on the premises, I have to assume that he was there with the owner's permission. I have a tough time thinking of a theory which would allow the landscaper a direct action against the pool builder. Negligence would be out, since there is no duty on the part of the pool builder to the landscaper.
The only thing I can think of it that the property owner assigned his right to sue to the landscaper to recover the damages which the owner sustained to his property. The pool builder acknowledged responsibility, and undertook to repair the damage, insofar as he could. The owner chose to go with the landscaper, for better or worse. The landscaper gave him a good price in consideration for receiving the owner's right to sue for the full cost of repairing the stone. Just a guess.