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.
Litigation
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:
info@aquatictechnology.com or 408-776-8220. Visit his website at: www.aquatictechnology.com.
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.
Wednesday, August 21, 2013
Tuesday, August 20, 2013
"ADA Compliant" does't mean that IT IS!
Just because a product is labeled ADA Compliant, does not mean that it is. As the specifier or installer you need to be the expert, and verify that the products are in compliance.
Don't take anyone's word for it
I was researching outdoor showers and discovered that many models are labeled "ADA Compliant."
I soon realized that almost every one of these outdoor shower products were falsely advertized as being "ADA Compliant." They in fact, were only partially complaint.
It help to know the codes
These products merely had ADA Compliant handles on the water valves and lowered shower heads. Convenient yes, but they had omitted a major safety factor.
Temperature modulation and temperature limits are a required feature of ADA Compliant showers. When a shower gets scalding hot, a disabled person cannot jump out of the water and scream! A paralyzed person will not even know when they get burned.
A matter of liability
Relying upon a manufacturer's label of ADA Compliance can result in the specifier or installer assuming liability in the even someone is injured.
It helps to know the codes!
Contact the author, Paolo Benedetti of Aquatic Technology Pool and Spa at: info@aquatictechnology.com or 408-776-8220. Visit his website at: www.aquatictechnology.com. 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.
Don't take anyone's word for it
I was researching outdoor showers and discovered that many models are labeled "ADA Compliant."
I soon realized that almost every one of these outdoor shower products were falsely advertized as being "ADA Compliant." They in fact, were only partially complaint.
It help to know the codes
These products merely had ADA Compliant handles on the water valves and lowered shower heads. Convenient yes, but they had omitted a major safety factor.
Temperature modulation and temperature limits are a required feature of ADA Compliant showers. When a shower gets scalding hot, a disabled person cannot jump out of the water and scream! A paralyzed person will not even know when they get burned.
A matter of liability
Relying upon a manufacturer's label of ADA Compliance can result in the specifier or installer assuming liability in the even someone is injured.
It helps to know the codes!
Contact the author, Paolo Benedetti of Aquatic Technology Pool and Spa at: info@aquatictechnology.com or 408-776-8220. Visit his website at: www.aquatictechnology.com. 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.
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: info@aquatictechnology.com or 408-776-8220. Visit his website at: www.aquatictechnology.com. All Contents © Aquatic Technology 2013 No portions of this blog may be reproduced or re-posted without the expressed written consent of Aquatic Technology.
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: info@aquatictechnology.com or 408-776-8220. Visit his website at: www.aquatictechnology.com. 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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