Monday, August 19, 2013

Expert Witness - Swimming Pool Construction

 Swimming Pool Construction - Expert Witness

 How can an Expert Witness assist you in dispute resolution?

Most often, property owners are not contractors or engineers.  They often rely upon their architect, swimming pool contractor, general contractor or landscape architect to properly specify and construct their project.

Only when workmanship deficiencies manifest themselves, does the property owner become aware of issues.  And in most cases, the apparent defects are not the only project defects.  

The property owners are not experts.  That is why they hired these other parties to begin with.  The property owners relied upon those "expert" to do things properly.

Two sides to every story

After defects become apparent, the property owner usually requests in writing that the defects be corrected.  In some instances cosmetic defects are easily repaired.  But in many cases the responsible party makes excuses, redirects blame or flatly refuses to correct deficiencies.

This is when an Expert Witness should be retained.  The Expert Witness will inspect the project, the apparent defects, the project documents and specifications and review the thousands of high resolution photographs the property owner took during construction (hopefully!).

Armed with the inspection report, the property owner will have the relevant supporting documents, codes and trade standards that apply to the project's deficiencies.  Sometimes, the project inspection reveals many additional items that the property owner was not even aware of.  Now the property owner is informed and educated and the playing field is leveled.

A Matter of Education

Oftentimes, project deficiencies are the result of the responsible party lacking the proper experience, training or education.  Faced with published standards and codes, they have no alternative but to correct the deficiencies.

If after being confronted with the facts and industry standards of care, the responsible party refuses to make the requisite repairs, then the property owner may proceed with civil or administrative relief.

State Contractor Licensing authorities and civil litigation may be pursued simultaneously.  Or the property owner may merely seek a "correction notice" from the Licensing Authority.  

If the owner files a lawsuit in civil court or arbitration,  then oftentimes the Licensing Authority will stay their investigation, pending the outcome of civil actions (arbitration or litigation).  They will gladly enforce any judgement rendered against the responsible party from arbitration or a court judgement.

"Faced with the facts" is oftentimes all that is needed to "push" the responsible party into repairing project deficiencies.  

Just the fact mam, just the facts.

Contact the author, Paolo Benedetti of Aquatic Technology Pool and Spa at: or 408-776-8220. Visit his website at: All Contents © Aquatic Technology 2013 No portions of this blog may be reproduced or re-posted without the expressed written consent of Aquatic Technology.

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To contact the author, Paolo Benedetti of Aquatic Technology pool and Spa, email him at: or call 408-776-8220.
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