Tuesday, October 14, 2014

Had a inground pool installed as well as concrete around the pool. Now the concrete is moving and I am afraid that the pool will be ruined. ...

Question

Had a inground pool installed as well as concrete around the pool. Now the concrete is moving and I am afraid that the pool will be ruined. Can I go after the installer?



Answer

Well, when you say "go after" what you you mean? If you had a reputable pool contractor do the work, hopefully you also got a warranty, and if so there should be a claim/notification procedure. If the warranty has expired, and you just noticed the problem, or if you had no warranty and just noticed the problem, you normally have 4 years from when you "knew or should have known" of the problem. And before you go running in to court, you may want to consult with both an attorney as well as an engineer to figure out what is going on. Finally, if you had a written contract for the install there is a 10-year statute of limitations, whereas if it was an oral contract, only 5 years. These interplay with the 4 years' statute mentioned above, which is why seeing an attorney with all the relevant facts is recommended....



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