We paid our contractor, but the work is substandard. what recourse do we have

Asked over 3 years ago - Wesley Chapel, FL

we paid our pool remodel contractor in full, but feel the work is substandard. the tile and grout lines in our pool are crooked. he states he will not do anything more. I had an opinion from another tile layer stating that the tile is not up to industry standard. What recourse, if any, do we have?

Attorney answers (2)

  1. Jeffrey Lee Price

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Oh my. This has to be one of the most common problems in Florida construction law. I hope the pool is useable because it’s hot up here in Gainesville!

    Sloppy installation of decking is not unusual, especially on a rebuild. The only solutions are: 1) rip it up and do it again, or 2) pay you some money. Pick your solution, here’s how.

    Call another contractor, point out the area(s) and have them give you a price to repair. Tell them that if he (or she) does the work, you will expect them to testify under oath that the area being repaired was not up to industry standards and was not at all up to the quality of their work. This is important because you want these people willing to say the job is bad and it is not bad just because you are a picky consumer.

    After you get their price, ask yourself if there is a number between zero and their price to repair you would be willing to accept to live with the pool deck as is.

    Then take a lot of pictures — close up, far away, with a straight edge or string along the grout lines and with a level on the tiles in case they are uneven. Then call the original contractor and tell them what you wish them to do. Show them the repair estimate (it’s not a secret). If they see you have gotten a real estimate, they may be willing to repair because that is a lot cheeper than hiring a lawyer.

    If they will not satisfy you, call a construction attorney because you have done about all you can short of filing a complaint with the Construction Industry Licensing Board (and they rarely accept quality complaints anyway).

    I am a lawyer, but also a counselor at law which includes advising people on how to make decisions. This advice is... more
  2. George William Wolff

    Contributor Level 13

    Answered . You should have another local pool contractor or defects expert look at his work and give you an opinion as to whether the work meets industry standards and building codes in your area.

    If it does not, demand in writing that he fix it.

    If he does not, then have an attorney review the report and your contact to see what your remedies are under the contract and the law in your area. Some contracts require mediation or arbitration before litigation.

    If he has a bond also notify his surety of the defects and make a claim on the bond. If you do pursue a lawsuit etc against him, it is at least possible his liability insurance ocarrier or his surety might pay something to settle your claim.

    WOLFFLAW
    (415)788-1881

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