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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 53961
Experience:  Attorney with 29 years of experience.
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I hired a company to build a pool. The work was poor quality

Customer Question

I hired a company to build a pool. The work was poor quality and is having to be redone. After giving the builder a chance to redo the pool bottom and resurface the poorly poured concrete, he wanted to walk away and asked for 1/2 the balance. I have hired 2 companies to resurface concrete and replace pool bottom. He is taking us to civil court this week for 1/2 the balance. I have receipts for the repair work that I feel should be deducted from his balance which is more than the 1/2 amount he is asking for. Are there any other restitution's or compensatory claims I can ask for? ex. loss of pool usage, stress,
Submitted: 7 months ago.
Category: Legal
Expert:  Richard replied 7 months ago.
Good morning. My name is ***** ***** I look forward to helping you. Yes, you absolutely have recourse here. You should file a counter suit for breach of contract, gross negligence, deceptive trade practices and fraud.. Your breach of contract suit will entitle you to any and all monetary damages you have suffered, such as increased over all costs over the defaulting contractor's original bid due to having to engage other contractors to complete/remediate the job that the defaulting contractor botched and lost use of your pool for the period after which it was scheduled to be completed. And, the gross negligence, deceptive trade practices and fraud causes of action, based on his total botching of the job, misrepresentation of his performance, and/or intentional bad faith in failing to competently perform a job for which he contracted will make you eligible to collect punitive damages of multiple times your actual damages. You wouldn't be able to recover specifically for stress, but punitive damages would result in you recovering damages over and above your actual damages. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 7 months ago.
He claims we owe 21, 0000 and is asking for 1/2. Is there a percentage or correct way to figure what I ask for?
Expert:  Richard replied 7 months ago.
Thanks for following up. You don't have to quantify punitive damages. As for your actual damages regarding costs...Figure it as follows: Original bid amount less the amount you had to pay all the other contractors to finish the pool. That would be the max you would owe him and then you would subtract any amounts you have already paid him.
Customer: replied 7 months ago.
If we file a counter suit, how do we know what amounts to ask for?
"you should file a counter suit for breach of contract, gross negligence, deceptive trade practices and fraud.. Your breach of contract suit will entitle you to any and all monetary damages you have suffered, such as increased over all costs over the defaulting contractor's original bid due to having to engage other contractors to complete/remediate the job that the defaulting contractor botched and lost use of your pool for the period after which it was scheduled to be completed. And, the gross negligence, deceptive trade practices and fraud causes of action, based on his total botching of the job, misrepresentation of his performance, and/or intentional bad faith in failing to competently perform a job for which he contracted will make you eligible to collect punitive damages of multiple times your actual damages. You wouldn't be able to recover specifically for stress, but punitive damages would result in you recovering damages over and above your actual
Expert:  Richard replied 7 months ago.
In your counter suit, you ask for your actual damages....the excess costs you paid (I gave you that formula above), your legal fees, any other out of pocket expenses, and loss of use (a reasonable estimate is what a club with a pool would charge per day in guest fees to use their pool). Then, you simply ask the court to award punitive damages...it's up to the judge or jury to quantify the punitive damages.

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