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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38310
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I had a pool renovation company renovate our pool at

Resolved Question:

Hi,

I had a pool renovation company renovate our pool at the end of 2009. The new pool interior which is Quartzon has a seven year warranty.
The interior started to blister and break away from the inner pool shell in Jan 2013. The renovation company and Quartzon the material supplier inspected the pool in Feb 2013. At the time I advised that the pool would need a new surface replacement. Because it was still summer I agreed with the Pool renovation company to delay the repair work until after summer. Since that time I have been in contact six times with the pool renovation company and on each occasion I was advised the work would commence in two weeks. This week I lodge a formal complaint with the NSW Dept of Fair Trading to see if I could get the rectification work completed. Today I received a reply from Fair Trading stating that the pool renovation was not prepared to rectify the damages to my pool as they had recently claimed bankruptcy.

Could you please advise what legal avenues I have available and which would you recommend I pursue to have this matter addressed.

Kind regards.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

I am sorry to hear about this.

With the contract did they provide you with Insurance for the building of he pool?

Customer: replied 1 year ago.

No insurance information was provided.


I have just spoken to the material supplier state manager who has just informed me that their warranty only covers material failure, not application workmanship. They have also suggested the application workmanship is only cover for two years. However, I was never advised of this fact and always understood the re-surface came with a 7 year warranty. It's sounding like I have no course of action available to have this issue either faulty workmanship or material failure rectified.


 


Appreciate your advice.

Expert:  Leon replied 1 year ago.
Good Evening

Do you have the contract? What does it say about warranty?

Usually they have to provide Home Owners Warranty to council to get it approved. You need to contact council and see if they have it.

If they do you can claim from the insurer.

If not I am sorry to say you are stuck with paying for it yourself.


Customer: replied 1 year ago.

No formal contract was ever supplied. I was advised by a number of Pool renovation companies I sought quotes from, that as it was just a pool renovation, no council approval was required.

Expert:  Leon replied 1 year ago.
Good Evening

Unfortunately you are stuck with the repairs.

Only if you can convince the seller of the product to come and do it out of goodwill.

You will need to find out what it will cost to repair and lodge a claim with the company as a creditor and when the liquidator is done, you may get something back.

I am sorry but there is not much more I can assist you with.

Customer: replied 1 year ago.

Thankyou for confirming my own thoughts on the matter.


Appreciate your effort and advice.

Expert:  Leon replied 1 year ago.
Good Evening

You are very welcome.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38310
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Leon and other Australia Law Specialists are ready to help you

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