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  #11  
Old 09-25-2012, 05:02 PM
zak406 zak406 is offline
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Quote:
Originally Posted by C Jovingo Landscaping View Post
DVS, the wall built by homeowner is on opposite side of pool as pavers. The pool is pushing the wall & pulling away from pavers. In the 1 pic of with side of pool & pavers not in pic....you can see the rim of the pool takes a dive toward the homeowner built wall. This is what I think I'm seeing.

Also on original post, there are 2 attatchments after last pic. The 1st attatchment is the wall being pushed over!
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Thats the point I was trying to make. The pool company should have never built ontop of that wall. However, the pavers and the pool FAILED because of the home owners wall. I would guess (im no lawyer and fortunally never have been in this position) that it makes the homeowner liable to both the pool and pavers?
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  #12  
Old 09-25-2012, 05:09 PM
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zedosix zedosix is offline
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Everyone from homeowner to pool installer to hardscape contractor are at fault. Homeowner because he didn't do his due dilegence and get some sound advice before going ahead, pool installer for installing what almost looks like an inground pool , above ground. Lastly contractor (you) for taking on a job that even you knew was going to fail. Nasty all around.
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  #13  
Old 09-25-2012, 05:17 PM
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DVS Hardscaper DVS Hardscaper is online now
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The pool builder should never have agreed to build a structure on/in an area not suitable. The assumed liability by agreeing to place the structure there. Like I say in many of my posts at this site, you can not always do what the customer wants.

On the other hand, how do we know that the patio builder didn't cause a pipe to rupture? how Dow we know the patio contractor didn't cause a tear in the liner? A torn liner or a broken pipe will leak water and the hydrostatic pressure could cause such a disturbance.

And....the patio guy should have never agreed to build a patio in conjunction with a sub-par retaining wall.

You gotta know what you're looking at when you go look at jobs and draft contracts. If there are unsuitable conditions that play into the integrity of your work - you need to write a clause in your contract indemnifying you of liability and responsibility resulting from the identified existing conditions. I do it all the time, and the jobs never sell, and that's perfectly fine with me. lord, I could go on and on and on with stories.

This will probably go to court. There will be expert witnesses. I was an expert witness for patio litigation. There will probably be 2 days of testimony. The pool builders attorney will try to find dirt on the patio guy. If your states requires contractor licensing,
And if you're not licensed, you can bet the pool builders attorney will NOT let that slip by.

All parties who had a hand of any type in that project will be listed in the suit.
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Last edited by DVS Hardscaper; 09-25-2012 at 05:26 PM.
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  #14  
Old 09-25-2012, 07:57 PM
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jbailey52 jbailey52 is offline
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If only there was a company that removed pools.......
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  #15  
Old 09-25-2012, 08:56 PM
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phillie phillie is offline
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How'd the meeting go?
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  #16  
Old 09-26-2012, 11:37 AM
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jrmyj jrmyj is offline
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Meeting did't go well. Pool company said they didn't beleive the engineers when they said it was the pools fault even though we agreed that whatever the engineer said we would follow. He tried bullying me with metioning that he had lawyers and that it would get ugly in which I stated I have a lawyer too as well as 5 pages of documentions and pictures stating everything that has been said between myself, the customer and the pool company. I asked him if he had an engineer degree or if he was a professional landscaper and if not how can he make a expert opinion of what happen especially when he couldn't identify that installing on that ground was a mistake. I told him I'm walking away and that it was his problem and if they want me to repair it then they need to give me a chaiers check for the full amount before I step foot on the property. He didn't have much to say and said he would get back to me. The original plan was for the pool to be installed 3 feet away from the wall and when I said something to him about my concern he said they were comfortable with building on it so I second guessed myself because they have been installing pools for 30 years. Then when I got there for my part the pool was 14" lower and one foot off the wall. I had to redesign and add steps because of this. I might beleive the compaction if one the pool didnt move and buckle at the same time and two all of the setteling took place over 20 mins and hasn't moved since. I should have never taken the job and will always go with my gut from here on out. I talked to the customer and he is going to sue the pool guys for everything so Im clear of it(so I think). But we will see what happens. Just a nasty deal all around and they don't want to pay for it.
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  #17  
Old 09-26-2012, 04:06 PM
scagrider22 scagrider22 is offline
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Quote:
Originally Posted by jrmyj View Post
Meeting did't go well. Pool company said they didn't beleive the engineers when they said it was the pools fault even though we agreed that whatever the engineer said we would follow. He tried bullying me with metioning that he had lawyers and that it would get ugly in which I stated I have a lawyer too as well as 5 pages of documentions and pictures stating everything that has been said between myself, the customer and the pool company. I asked him if he had an engineer degree or if he was a professional landscaper and if not how can he make a expert opinion of what happen especially when he couldn't identify that installing on that ground was a mistake. I told him I'm walking away and that it was his problem and if they want me to repair it then they need to give me a chaiers check for the full amount before I step foot on the property. He didn't have much to say and said he would get back to me. The original plan was for the pool to be installed 3 feet away from the wall and when I said something to him about my concern he said they were comfortable with building on it so I second guessed myself because they have been installing pools for 30 years. Then when I got there for my part the pool was 14" lower and one foot off the wall. I had to redesign and add steps because of this. I might beleive the compaction if one the pool didnt move and buckle at the same time and two all of the setteling took place over 20 mins and hasn't moved since. I should have never taken the job and will always go with my gut from here on out. I talked to the customer and he is going to sue the pool guys for everything so Im clear of it(so I think). But we will see what happens. Just a nasty deal all around and they don't want to pay for it.
Sorry about your luck but I would have to say it is the home owners fault more than the pool company because the wall moved causing the pool and patio to move.
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  #18  
Old 09-26-2012, 05:23 PM
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DVS Hardscaper DVS Hardscaper is online now
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Pool builders are supposed to have soil tests and engineering done before building a pool. Just a retaining wall builders are supposed to have engineering done before building a wall.

I have a buddy who's company builds 8-10 pools a year. And never ever do they price and or build a pool until soil tests and engineering have been executed. Most pool builders will bypass the engineering part.
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  #19  
Old 09-26-2012, 10:09 PM
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jrmyj jrmyj is offline
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My very first question when I first saw the yard was is he pool company getting a soil test or having an engineer check it out. They said they have been doing it for 30 years and know what their doing. Lol. In my quote for building that wall I stated I would have a structural engineer oversee the project but they are just going to rebuild it using the same block. Today they said they won't be doing any work in the yard because I wouldn't compromise with them. In the meeting I told them I don't want anything to do with that wall and told them what they were doing to rebuild it would fail again. In the same email today they said they were seeking other recommendations on building the wall and fixing their pool. So are they stopping because of me or because they don't know how to fix it and need some advice. It drives me nuts because the customer told them that he built the wall and they said no problem. Therefore it's all on them for accepting it. The problem is they had a new sales guy running the show with no building experience and now they are trying to do damage control for his mistake. Trust me I regret ever taking this job but it did look great and unique for 48 hours. I guess now its defiantly a one of a kind. This has been going on for over a month.
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  #20  
Old 09-26-2012, 10:18 PM
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