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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 53986
Experience:  Attorney with 29 years of experience.
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I purchased a new aboveground pool on april 11 2015 to be installed.

Customer Question

I purchased a new aboveground pool on april 11 2015 to be installed. purchased price 7200.00. I paid 3556.63 half and other half when completed. due to rain put on hold till June. at this time I feel I should have had priority over new or later customers that why I shopped early and prices. Chris the man that was to install sent three young men and installed it. The day the stairs and finishing were to be finished I wrote a finish check got home and my stairs not installed and bottom of the pool has concrete blocks coming threw the liner and bottom has no sand and other objects poking threw. That was on Friday the 20th. Call the bank and stopped payment on my finish check and called installer. He came and was agreeable on the install but wants me to pay and next year he says he will replace the liner at no cost. We don't believe it will last till next year and don't want to pay for unfinished and disatifided job. He says because it is buried the ground will fold the pool if he drains and replaces it. We have receive no manuals on any equiptment the stair were not put together right no sand was put in them. When by law do we stand.
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
Hi! My name is ***** ***** I look forward to helping you!
You have every right to not pay him until the job is completed to your satisfaction. The pool company is in default and is not entitled to payment until the job is completed to your satisfaction. If they won't resolve this issue to your satisfaction, raise the stakes on them. First, get an estimate from another pool company of the cost to properly finish the project, including any remediation of the problems. Then, send the existing pool company a certified, return receipt requested letter detailing the history and their default, and demand they pay you what it will cost you to have the new pool company complete the job satisfactorily since you no longer have confidence in them. Inform them that if they do not comply with your within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as fraud, gross negligence, and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the judgments being on the record.
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