pool sank in 2 hours

Discussion in 'Hardscaping' started by jrmyj, Sep 24, 2012.

  1. jmacd

    jmacd LawnSite Member
    Posts: 210

    I think I will stick to doing the work the correct way or not at all. Don't need any more drama.

    I bet if you asked any excavating contractors that have been around for a while the answer would be the same.

    I don't mind at all letting the "other guy" have the work that is questionable because the customer wants to save money. I don't see the upside for me to do it any other way. I don't need the work that bad.
     
  2. jrmyj

    jrmyj LawnSite Member
    Posts: 52

    I agree. Thats why I walked away from the lower wall that the pool was going to be sitting on. More liability then I want to deal with. Sad thing is customer called and it's not over yet. The other company is unbelievable on what they are trying to pull. The customer and I spoke for awhile today both in disbelief what is taking place. Its a long story but not a surprise from what we've seen. Customer is going to have to go the legal route whuch is disappointing. One thing I didn't know you could do is tell your insurance company that you want to make a claim for damages caused by a poor installation but leave out the landscaping even with thrid party structual Engineer report on findings.
     
  3. DVS Hardscaper

    DVS Hardscaper LawnSite Fanatic
    Posts: 6,403

    Based on what you write about other pool people looking at the job - sounds like the customer brought most of this on, on their own. So they can enjoy their "disbelief".

    It's like the girl dating the guy that everyone warned her about. And now her heart is broken.


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    Last edited: Oct 4, 2012
  4. DVS Hardscaper

    DVS Hardscaper LawnSite Fanatic
    Posts: 6,403

    One thing you need to keep in mind here is we're conversing via text. Only so much one is able to write.

    I am notorious for wanting work to go to others.

    But there are variables to everything where if a client insists on something and it won't flood any basements, cause personal injury, damage to any dwellings, or reflect poorly on us in the eyes of the neighbors - we're probably going to do it. With clauses.
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  5. jrmyj

    jrmyj LawnSite Member
    Posts: 52

    Your spot on dvs. I had the clauses in my paperwork. But the other company didn't have any and were positive that everything would be there for years to come with no problems. The customer was sold. He should have listened to me and the other pool people so in that regard I agree but if a company says they can do it and there will be no problem then it falls on them. The customer doesn't build pools so he seek a professional company and relied on what they said. I more then anything feel bad for them. There good people and saved up a lot of money for this. But your right on the text. My documentation incase I get pulled into court is over 7 pages now on every conversation and observation so there's a lot I'm leaving out and just hitting the key points.
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  6. bigslick7878

    bigslick7878 LawnSite Senior Member
    Posts: 809

    Someone is gonna be real upset when they get that repair bill.....wow.
     
  7. alexschultz1

    alexschultz1 LawnSite Bronze Member
    Posts: 1,552

    They didn't have any clauses in their contract? They are at fault 100% no doubt and will loose in court for the pool repair, but what says they are responsible for your job? If they are responsible for installing a pool on uneven ground, then shouldn't you be responsible for installing a patio on uneven ground too? You say they should have had soil tests done, well how about you?

    Say you build a retaining wall, holding back a large chunk of land, you finish you work and leave, all you were told to do is hold back the dirt. So you would expect, if your wall fails, to be responsible for everything on the job when you left the job site. Now what if someone builds a $1,000,000 home on the high side of the wall, your wall fails and ruins the home. Now who is responsible for the home? The builder of the retaining wall, or the builder of the home?
     
  8. jrmyj

    jrmyj LawnSite Member
    Posts: 52

    Well insurance covered the whole thing including my landscaping. The insurance adjuster took one look at the engineers report and covered it. Now this is where the plot thickens. The pool company called and said they refuse to work if my company has any part of the job because their owner doesn't like me. (That was seriously said). The customer said see you in court because his loyalty was with me. I talked with the adjuster and he slipped up and said the owner doesn't like me because he lost and he doesn't loose. The customer said he was behind me all the way and that they were pissed because I pointed everything out. Then I got the call today from the customer saying that he had to go with the other company to rebuild my work so they would fix his pool. My wife tells me all the time that I trust way too much and am to loyal and I guess this is another example. I had over 40 hours in design and helping him get everything lined up for the insurance day to come only to be tossed to the side and have someone else get credit for my design and guys hardwork. I'm pretty disappointed but on the positive note when it falls again next year because they are redoing the retaining wall with the same block and not putting any drainage then I won't have to deal with it.
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  9. zedosix

    zedosix LawnSite Silver Member
    Posts: 2,628

    Morale of this story is don't waste your time trying to be mr nice guy.
     
  10. jrmyj

    jrmyj LawnSite Member
    Posts: 52

    I'm really realizing that this year with employees and customers. A lot of truth to nice guys finish last.
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