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Horrible Pool Install & Crying Customer

sledgehammer | Posted in General Discussion on May 26, 2007 12:43pm

I know this doesn’t exactly qualify as fine homebuilding, But…

A very good customer for the past 10 years calls me in tears. Seems she has been saving for  awhile to get a small  18′ above ground pool of her dreams. She got the permit, bought the pool and used one of the pool companies reccommended installers. The pool is way out of wack bottom to top nothing plumb looks like the top is off center from the base by 3″. They told her not to worry it would straighten right up when it gets filled. It didn’t.

Now today she calls for the final inspection and fails, seems the existing electric needs to be 5′ from the pool and it’s 3′. Pool installer says, “hey we don’t know the codes you’re the GC of the job it’s your problem”.

These guys are licensed contractors by the state of Maryland and she’s asking me for advice. She could go full out ballistic on them or let it pass. She’s asking me for advice and I’m really having a tough time defending these guys.

 

This is more of a rant, anyone wanting to share their .02 is more then welcome.

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Replies

  1. User avater
    MarkH | May 26, 2007 12:47am | #1

    Lawsuit time.

  2. User avater
    davidhawks | May 26, 2007 01:04am | #2

    When this stuff happens to my "very good customers", (as it occasionally does), I back the HO 100%, even so far as to incurr some small personal expense.

    I've found that it always comes back to me in spades.

    Besides, what's better than doing the right thing?

    Live in the solution, not the problem.
  3. Dave45 | May 26, 2007 01:05am | #3

    She should start by going back to the pool company.  They just might be willing to work it out in the name of customer relations.  If they won't, she should call her lawyer.

    I suspect that a lot will ride on who's name is on the permit as the "contractor".  If it's her, she may be in a bind unless there's a signed contract between her and the installers that specifies who is responsible for meeting the code requirements.

    A final thought............

    She should review the pool installation instructions and see if the final installation meets the pool company specs.  We had a 15' above ground pool several years ago and I recall the instructions being VERY specific about tolerances on level and plumb.

    IIRC, there were even words about power to the pump meeting applicable local codes.  If her's has similar words - and she was the "contractor" - the installers were obligated to ask her how the power should be done.  If they didn't ask, they should be liable for locating it too close to the pool.



    Edited 5/25/2007 6:14 pm by Dave45

    1. sledgehammer | May 26, 2007 02:07am | #4

      Sorry I wasn't clear. The electric was existing from a pool removed years ago. Had the pool been moved 2' over, which was no problem, it would have passed inspection.

       

      And the permit is in her name as required in the contract she signed with the installer.

      Edited 5/25/2007 7:10 pm ET by sledgehammer

      1. TomW | May 26, 2007 02:14am | #5

        As far as the electrical goes, I would say she is on the hook if she told them to use the existing provisions and told them where to locate the pool, although you would think a "pool installer" would be up on the codes in the area.

        As for the rest of the install, if it's ot of spec with the mfg instructons, I would be all over the installer. No excuse for shotty workmanship. I'd be bringing it up with the pool co as well if they recommended the installer. 

        1. sledgehammer | May 26, 2007 03:54am | #7

          Tough call, the old pool was 24' new is 18' she gave them a general area where the old pool existed. Nothing staked, the installer never saw the job before the day he came to install. Plenty of room to make the 5' electric requirement but according to him he has no knowledge of what is or isn't allowed... he just installs pools.

           

          Another aspect I haven't explored is the guy that executed the contract before install was an employee. That is a problem in this state, hmmmm.

  4. Hudson Valley Carpenter | May 26, 2007 03:48am | #6

    I used to install vinyl liner in-ground pools.  Did a few above-grounds too. 

    Have you seen this pool?  How much out of level is it? 

    That's the critical point, along with putting the wall and it's supports on a solid base.  If the pool is more than an inch out of level it's in danger of blowing out, collapsing at the low point, if it ever gets too full. 

    A good installation begins with a proper excavation, leveling the site to +/- a half an inch.  The excavated soil should not be used to support the pool, only as a berm around the low side.  I always used patio blocks or half blocks under each post, setting them with a builder's level to +/- 1/8", flush with the excavated surface.

    That method provides the kind of support needed to ensure a safe, quality installation.  Of course there are lots more ways to add quality to the installation but you're talking about how to make this one better. 

    Unfortunately, if it's not level, it can't be fixed without taking it down and starting over.   

    BTW, the National Swimming Pool Institute is the "governing body" for pool companies and installers.  They provide specs for allowable tolerances, etc.  As I recall, their tolerances favor the installer, by a wide margin.  So, if I were the customer I would not accept anything which came from NSPI as valid. 



    Edited 5/25/2007 9:00 pm ET by Hudson Valley Carpenter

    1. sledgehammer | May 26, 2007 03:57am | #8

      It's not so much out of level, the uprights are out of plumb... like the top circle of the pool is out of line with the base.

       

      I'll try to get a pic tomorrow.

      1. Hudson Valley Carpenter | May 26, 2007 04:15am | #10

        It's not so much out of level, the uprights are out of plumb... like the top circle of the pool is out of line with the base.

        In that case, it shouldn't be very difficult to fix.  There should be caps/covers over the top of each post, where the top rails join together.  If you remove a cap you'll see that the top rails have long slots in them for the mounting screws.  This allows the posts and top rails to be adjusted to make the posts plumb, before tightening the screws and re-installing the caps.  No big deal, just a half an hour with a cordless drill.  You don't even need a level because the wall's corregations will indicate where each post is plumb. 

        Honestly, you can probably push/pull on the posts to plumb them up, without removing the caps.  The mounting screws were never meant to hold the top rail rigidly in postion.  So, if that works, it's a five minute fix.

        The electric is another problem.  I never messed with electricity and pools.  Not wise. 

        Edited 5/25/2007 9:16 pm ET by Hudson Valley Carpenter

  5. User avater
    IMERC | May 26, 2007 04:11am | #9

    time to go ballistic on everybody involved...

    Life is not a journey to the grave with the intention of arriving safely in a pretty and well preserved body, but rather to skid in broadside, thoroughly used up, totally worn out, and loudly proclaiming

    WOW!!! What a Ride!
    Forget the primal scream, just ROAR!!!

  6. Dogmeat12 | May 26, 2007 04:31pm | #11

    In order to install a poll in Maryland you need to have an MHIC license. There is an 800 # in Baltimore (Maryland Home Improvement Commission) as well as a website. If she has a signed contract they will send out an arbitrator to look at the job at no cost.

  7. GHR | May 26, 2007 04:56pm | #12

    Your customer messed up.

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