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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 42865
Experience:  30 years in civil, probate, real estate, elder law
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I signed a pool contract in1/15. Liner of pool was set in

Customer Question

I signed a pool contract in1/15. Liner of pool was set in 5/15. We noticed after filling pool that the floor was extremely uneven. By 4 or 5 in in some places. He never returned, or heard from him. We let it go because he wasn't paid in full. Now, it's 11/15, suddenly he wants to fix/ finish his work, although he says it will compromise the integrity of the liner. We did not hear from him for 6 mo. I figure he wants the final payment now, but as I see it the work is not complete. I am not sure I want him to do anything else. I would like to tell him do not come, we are done. My question is, how long does a contract last? What are our options? We paid in installments, our last payment was borrowed money, it was based on completion being the liner was set. We signed a completion letter for the lender, since the liner was in,he also signed a completion letter for lender saying paid in full. At the time, we thought it was complete, we only realized the pool bottom was not correct when we filled it and got in it. Our final payment is 6500, out of 29000. I figure to fix the bottom and replace the liner it will cost appr this. I say leave it as is, and no further payment, it has been a total of 10 mo since we initially started, no contact from him for 6 mo of that.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

I would try to resolve this with the contractor and get a signed release.As it is here you signed that it was complete as did he.You want to make sure he does not file a mechanics line on your property.I would try to settle this cheap here since you don't want the work done.If you can get a release here for a nominal amount say $500 I would strongly consider it.

I cannot tell you how this would turn out in a civil suit.They have documents you stated it was complete, contractor did to so there will be problems for everyone in a suit.Again if you can resolve this cheaply $500-$750 release included this might be the best outcome.

I understand the contractor did not complete this properly but mechanics liens even if falsely filed can be very expensive legally to clear.Again this amounts to a minimal payment to get them to go away.

Expert:  Ray replied 1 year ago.

Release form you file in deed records once they sign it..

http://www.thomaskorte.com/wp-content/uploads/2008/06/contractors-final-release-and-waiver-of-lien.pdf

I appreciate the chance to help you today.I am so sorry you are having to deal with this.