What should I do about an incompetent pool installer?

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What should I do about an incompetent pool installer?

I had a $32,000 in-ground pool installed a year ago. Initially I was told that it would take 2 weeks to put in; it took 4 months. First the pool was unlevel and the concrete had to be jack-hammered out, re-leveled and the concrete re-poured. There was also a tanning shelf that was installed improperly and had to be completely removed and replaced. The pool was just uncovered Sunday to reveal cracked concrete which has fallen off and is at the bottom of the pool. There is a 3 foot section damaged and another cracked area in the tanning shelf. This has been a total nightmare. Do I sue him for repairs or all of it?

Asked on April 13, 2011 under General Practice, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Oh boy.  What a mess.  Take your contract to an attorney to review.  It needs to be read.  Is there a warranty or guarantee in there?  Is it a limited warranty of some sort?  How long is it for?  What you are going to have to do is to get an expert to look at what was done and find that it was the installers negligence that resulted in the cracks and resulting damage.  I would look at the pool and the tanning bed as a whole not only because it is one contract but because they are really one unit, correct?  So when you sue it will be one suit. Get some help here.  Good luck. 


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