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06-08-2009, 07:42 PM
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Location: sowf jawja
1,849 posts, read 3,561,746 times
Reputation: 769
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Quote:
Originally Posted by UKOK
Pool guy says he thinks we have old pipes that have corroded . . .
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they're not PVC?
Quote:
Originally Posted by UKOK
His point of view is that, "it's construction and if you hired someone to put up a picture in your house and they hit a wire and knocked out all your electricity it wouldn't be their fault." I think it would.
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It would be the contractors fault. That's one reason you hire a professional; so you don't destroy anything because you lack the knowledge.
If we damage anything during the course of working on someone's property, no matter what it is, if we break it, we fix it. Or I hire a contractor in the field of what I broke to fix it.
I don't know what your laws are, so I'm not sure how far you'll get w/o having a contract.
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06-08-2009, 08:40 PM
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Location: Grosse Ile Michigan and Sometimes Orange County CA
14,822 posts, read 18,878,798 times
Reputation: 9857
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Quote:
Originally Posted by Driller1
This is also a good reason to make sure contractors have liability insurance.
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Liability insurance always excludes damage to "Your Work" and usually excludes damage to any part of the property that you are working on. This would probably require builders risk insurance. If you were to damage some other property (like a water main) it would be covered. Usually however damage to the homeowners property is nto covered by liability. At least not without a fight.
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06-08-2009, 11:23 PM
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Location: sowf jawja
1,849 posts, read 3,561,746 times
Reputation: 769
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Quote:
Originally Posted by Coldjensens
Liability insurance always excludes damage to "Your Work" and usually excludes damage to any part of the property that you are working on. This would probably require builders risk insurance. If you were to damage some other property (like a water main) it would be covered. Usually however damage to the homeowners property is nto covered by liability. At least not without a fight.
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Since it is not a new construction or work being done by a general contractor, builder's risk would not be involved; but homeowner's insurance would.
You're about 90% guaranteed that the pool contractors liability insurance wouldn't cover this.
Defective work or uncompleted work would be covered by a performance bond.
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06-09-2009, 04:45 AM
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2,977 posts, read 4,652,765 times
Reputation: 1650
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Quote:
Originally Posted by southgeorgia
they're not PVC?
It would be the contractors fault. That's one reason you hire a professional; so you don't destroy anything because you lack the knowledge.
If we damage anything during the course of working on someone's property, no matter what it is, if we break it, we fix it. Or I hire a contractor in the field of what I broke to fix it.
I don't know what your laws are, so I'm not sure how far you'll get w/o having a contract.
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They are PVC. I guess he thought they were older (based on the pool age) but they had been re-done.
I have no contract...just a quote. I'm not sure how this is going to shake out.
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06-09-2009, 09:06 AM
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Location: sowf jawja
1,849 posts, read 3,561,746 times
Reputation: 769
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Quote:
Originally Posted by UKOK
They are PVC. I guess he thought they were older (based on the pool age) but they had been re-done.
I have no contract...just a quote. I'm not sure how this is going to shake out.
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I've never seen PVC corrode.
Have you payed him already for what he came to do this year?
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06-09-2009, 09:54 AM
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Location: Grosse Ile Michigan and Sometimes Orange County CA
14,822 posts, read 18,878,798 times
Reputation: 9857
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You have a contract. It just is not written. You have either an oral contract or an implied contract.
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06-09-2009, 10:51 AM
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13,355 posts, read 10,802,649 times
Reputation: 5664
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Quote:
Originally Posted by Coldjensens
You have a contract. It just is not written. You have either an oral contract or an implied contract.
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In court, that can be just worth the paper it is written on. Nothing.
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06-09-2009, 12:04 PM
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2,977 posts, read 4,652,765 times
Reputation: 1650
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Quote:
Originally Posted by southgeorgia
I've never seen PVC corrode.
Have you payed him already for what he came to do this year?
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Nope. We are changing over to a salt water system and we paid him for that....we did not pay him to install it yet (we have the system hidden lol). He has opened the pool (when the problems were discovered) and cleaned it twice which I have a bill for but haven't paid.
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06-09-2009, 01:57 PM
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13,355 posts, read 10,802,649 times
Reputation: 5664
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Quote:
Originally Posted by UKOK
Nope. We are changing over to a salt water system and we paid him for that....we did not pay him to install it yet (we have the system hidden lol). He has opened the pool (when the problems were discovered) and cleaned it twice which I have a bill for but haven't paid.
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I do not know how long it has been but, I will tell you 60 days after payment is late with me, I send an "intent to lien" and in 90 days file the lien. It rarely happens.
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06-09-2009, 02:11 PM
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2,977 posts, read 4,652,765 times
Reputation: 1650
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It's been about 10 days since I got the bill. I have every intention of paying for the opening.
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