Contruction Defects Generally | Problem Prevention and Avoiding Mechanic's Liens

Choosing a Contractor and Knowing the Subcontractors:

Utilize the California Courts website to locate the webpage for the courthouse in your jurisdiction: California Courts.

If the contractor primarily works in Los Angeles or San Francisco, look at the local jurisdiction's court web page and look at the "register of actions" under Name Search for your contractors name to see if there are any pending lawsuits against the individual or the company.

In Texas life is a little trickier for those desiring to build a pool on their property. Swimming pool contractors do not have to have a license. It is possible your pool builder has never built a pool before. Get a list of references of other homeowners that have pools built by your contractor. Take a few hours to go look at the pools your builder built. When speaking with the references, see if the homeowner would mind you coming over to take a look.

Contracts:

The more details the better. For instance, be sure the contract includes:

For additional information and to protect your rights, contact a construction defect attorney to look over your contracts with the contractors.

Swimming Pool Construction Defect: Subsurface related deficiencies

California is known to have expansive soil conditions which is not ideal for swimming pool construction. Due to soil conditions, builders and architects must consult with soils engineers prior to building in these conditions to assure the structural integrity of the finished product. However, rarely in California are pool builders required to have soil engineers inspect the construction area prior to building the swimming pool. In fact, most often, you as a homeowner are unknowingly providing a guaranty to the pool construction company that your land is suitable for swimming pool construction. In other words, you are expected, through the terms of the contract, to act as an expert in soil conditions and provide assurances to the pool company that you do not have expansive soil conditions and that the pool, even if being built on a slope will support the many tons of construction and water without failing.

Many construction projects including swimming pools are constructed on slopes, hills or other areas where it is difficult to provide a stable foundation. A lack of a solid foundation may result in cracked pool shells, concrete slabs, walkways, foundations and other damage. If subsurface conditions are not properly prepared for adequate drainage, it is likely the property will experience various problems from subsidence (improper soil settlement) to landslides. Before constructing a swimming pool in California, contact an experienced swimming pool construction attorney.

Most homeowners building swimming pools in their yards are unaware of the fact that swimming pool construction is subject to fewer building inspections as compared with other areas of the construction industry. By this we mean that the plumbing on most pools is not checked for proper size/diameter. The gunite may not be inspected at all or if it is it may only be inspected for a very short part this labor intense and time consuming portion of your pools construction. It is possible that the pool company will try to save money by purchasing smaller piping than is adequate for your pool. This will only cause you later problems with pool chemistry maintenance, pipe ruptures, general sanitation and health standard concerns due to improper filtration. Pipes can be crushed if they cannot tolerate loads that are placed upon them by the construction of the pool. We have also seen cases where the pool following construction was located several feet from where it was to drawn on the blueprints. This can cause the pool to slide especially if the pool is built on a slope.

Many swimming pool companies hire subcontractors to do trade work on the pool and outside companies are brought in to build decks and other pool amenities. Just like swimming pools, concrete decking can crack, shift, rise, leak, dimple, and become pitted. The methods of having prepared the soils properly for pool construction also apply to the construction of concrete decking. Proper installation of rebar, gunite, and tile, are all critical to how your pool will stand the test of time. Additional issues that arise in swimming pool construction litigation are kickbacks between homebuilders and swimming pool contractors, or between swimming pool construction contractors and their salesman or the salesman and the subcontractors. This may ultimately effect the quality of materials used on your pool or hazardous short-cuts in your pools construction. The possibilities of things that could go wrong are seemingly endless. Thus, it is very important to hire a pool company who holds themselves out to the community as being knowledgeable pool builders and maintain the standards of workmanship acceptable in their industry.

Very few homeowners, in California, know that the swimming pool salesman also have to maintain a license. That license number should be displayed next to the licensee's name on the contract you sign.

MOST IMPORTANTLY

Review the contract with the swimming pool builder prior to construction to make sure your rights as a home/landowner are protected.

Have a swimming pool construction attorney, knowledgeable about swimming pool construction defects, contracts, and the swimming pool industry is essential to making sure your rights are protected.

If the swimming pool construction company is not practicing due diligence by getting a soils engineer to inspect your land, not land "similar" to or generically like your land, use another company or at the request of the pool company, hire the engineer yourself. You should be able to negotiate a reduced price for the construction of your pool if the pool company is only going to do part of the work necessary to assure your pool is built properly.

Swimming pool companies no matter what are still held to the standards acceptable in the swimming pool construction industry. Monitor the construction through the several stages of construction, taking pictures, and notes through to completion.

If all else fails, contact us, the swimming pool attorneys, we will help you with your swimming pool construction concerns and problems.