Wednesday, August 21, 2013

Pool Construction Defect Case?

So, you think that you have a swimming pool construction defect case?  What now?  Ask an expert witness !

Performance or Workmanship Issue

Usually a dispute originates over an issue of workmanship or the improper performance of an aspect of a project.  The builder refuses to correct the perceived error and the property owner refuses to make a payment.

Project Review

An Expert will review the project documents, contracts and plans.  He will inspect the project to determine if the project was built "per plans."  

Next the expert will compare the workmanship of the project to the building codes, published industry workmanship standards and acceptable trade standards.  Some states have published minimum acceptable workmanship standards.

Usually the expert will identify additional aspects of the project and contractor's performance that do not meet acceptable trade standards.  

So, it is in a contractors best interest to resolve complaints before the property owner has a project inspected.  Why?  Because there is almost always something else wrong with a project that the property owner is not aware of (or the builder)... simply because they do not know the codes or standards.

That usually does it

Faced with the facts, and inspection report and the performance standards - either the property owner or builder is correct in their assertions.

And in most cases, the party at fault makes the proper corrections.


When one party refuses to agree with the facts, then some form of civil litigation usually follows.  It does not make sense to spend $100,000 to collect $60,000.  It makes sense to force a contractor to correct errors made during construction.

When faced with litigation, the property owner's attorney is going to seek damages for every single error that the contractor made during construction.  

Therefore, doesn't it make sense to reach a settlement to correct the major issues and complaints, instead of being held (potentially) responsible for the cost of entire project PLUS damages and attorney's fees?

Contact the author, Paolo Benedetti of Aquatic Technology Pool and Spa at: or 408-776-8220. Visit his website at: All Contents © Aquatic Technology Pool & Spa, 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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