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Swimming Pool Construction Defects

The State of California requires a contractor's license for any and all jobs that cost more than $500. Swimming pool contractors must maintain a C-53 license. There are scores of different types of contractor's licenses. The company you hire to put in the sidewalk surrounding your pool, if it is made of concrete, will have to have a C-8 license. Even the swimming pool salesman (the one that signs the contract with you) must have a license. NEVER HIRE AN UNLICENSED CONTRACTOR, ESPECIALLY NOT TO BUILD YOUR POOL! When you hire a licensed contractor you know they have passed the minimum standards set by the State of California. These laws are written with the consumer in mind and the aim of these laws is to prevent unskilled workers from causing harm and irreparable damage to your property or pool. When a contractor is licensed it also means that they maintain a license bond that provides some assurance that a claim, evaluated as over the amount of the bond, will be paid following the surety/insurance company's investigation and inspection of your property.

The State of California also has guidelines for how much money a swimming pool contractor can charge as a down payment on a swimming pool (2% of the total job or $200-whichever is less), and as the job progresses. Never agree to pay the contractor in advance for the work that will be done. You are not required to and you may see progress slow or in some cases come to a screeching halt. To that end, never begin construction of a pool without an end date in site. Make sure there is a firm timeline for the construction to begin and end. Also, to protect your investment, make sure that there are penalty's if the pool contractor fails to perform in a timely manner. If a job slows down due to weather that is usually allowed, but be specific as to how much rain will stop the project.

Maintain a ledger of payment to the swimming pool contractor and any other contractors you may be working with, make sure they write a receipt on the spot and sign it.

Prior to the construction you should be shown a blueprint of your backyard (to scale drawing with the placement of the pool). This drawing must be accurate; a few inches off on a slope could mean a catastrophe. The pool should be marked off in your backyard with stakes and ribbons. You should be able to double check the contractor's dimensions from the scale drawing and verify that where they plan to begin digging is the same on the drawing as it is staked out in your yard. You will also want to know what they will need to destroy in your existing landscaping, fencing or other parts of your yard when they begin the job. Building a pool requires a lot of heavy equipment. This equipment usually requires fences to come down and serious amounts of your yard to be reduced to dirt. This damage should be minimized. The contractor should create a path of least damage. Talk to the pool builder and find out what the expectations are. Also, make sure the contractor has accounted for all of your underground pipes and water mains prior to digging.

Talk to several pool companies, receive several bids, and know the highest quality pool and materials on the market. This will allow you to specify in your contract what materials will be used on your pool. As materials arrive, you will be educated as to the size, quality, and condition of the materials you contracted for and able to object if the pool contractor has not met the contractual obligation. If after you enter into the contract with the swimming pool builder you decide you don't want the pool or you want to go with another company or you just want to put the project on hold, you have (3) THREE days to lawfully rescind (cancel) the contract and owe no obligation to the pool contractor. NEVER MAKE FINAL PAYMENT ON THE POOL UNTIL IT IS ACTUALLY COMPLETED.

If there are problems with the pool's construction, the easiest, most affordable, and quickest solution is to reason with the contractor. If you can resolve disputes with the pool contractor you will have the lowest risk of ending up in a lawsuit. Therefore, when selecting a pool contractor, make sure that contractor is someone you can talk to, reason with, and negotiate. If the contractor is unreasonable or unwilling to negotiate at the contract stage, do not expect they will be better on the job. Go with another contractor.

The California Contractors State License Board maintains a record of all contractors and pool construction contractors on their website. Check the company out before signing that contract. Call the Better Business Bureau if they are listed. Ask for a list of the last three pools they built in your area and check their references. If they have not built pools in your area before, you may want to consider another more experienced pool company familiar with the soil conditions specific to where you live.


How To Drain a Pool and a Few Considerations

A pool should not be drained during a rain

A pool should not be drained within two weeks of adding chemicals and the chlorine levels should be less than 0.5ppm and the copper level less than 0.2ppm.

Use the sanitary sewer system when draining your pool. The system is designed to remove pollutants from water. If you do not have a sewer system, you will need to consider the land and its ability to absorb and dispose of the soakage. Also, if the property is not sewered the pool overflow water should be discharged onto property or other surface soakage where there is no chance of it running off into streets, adjacent properties or water sources such as streams, lakes, or rivers.

If you plan on a high powered discharge you should check with your local municipality to determine if there are permit requirements. The maximum recommended discharge rate is 12 gallons per minute.

Shut off the power to the circulation system at the circuit breaker

Near a water spigot, in the ground, usually in the front yard of the home, find the clean-out port for the sanitary sewer line. You can identify the port by the rubber or threaded cap with a square wrench fitting and it is approximately three to four inches in diameter. If you are having a difficult time locating the port, contact a plumber.

If you are using a clean-out in the wall there is a great potential for water to back up into the house.

After running a hose from the sewer clean-out port to the pool, connect it to a submersible pump. Lower the pump into the deepest section of the pool, nearest the drain. As you draing the water, monitor the water's flow to ensure that the water doesn't back up. If the water starts to back up, stop draining the pool and contact a plumber.

After draining the pool, refill it as soon as possible. A plaster pool can become damaged by direct sunlight. Also, pool lifting can occur. Be sure to monitor the pools chemistry as it is filling to insure proper chemical balance. There are pool companies who can provide this service. Make sure any service you hire to maintain your pool is licensed and reputable. Reputable pool companies will have a lot of references and have been in your area for a long period of time.

Proper pool chemistry maintenance and reluctant use of toxic algaecides will greatly decrease the need to drain the pool.

When changing the filter medium proper disposal of diatomaceous earth and sand should be placed in the trash while cartridge filters should be rinsed over a grassy area or into the sewer.




 
California Swimming Pool Attorney

The Shefman Law Group does not discriminate against any person based on any age, race, religion, class, gender, sex, sexual orientation, physical or mental ability, profession, or political affiliation. We are a woman owned law firm.

Litigating swimming pool construction defect cases in Northern and Southern California.

Northern and Southern California Swimming Pool Construction Defect Attorney: San Francisco, Santa Rosa, Napa, Chico, Ukiah, Redding, Crescent City, Yreka, Oakland, Alameda, Lafayette, Orinda, Walnut Creek, Martinez, Brentwood, Antioch, Concord, Stockton, Modesto, Fremont, San Jose, Salinas, Visalia, Bakersfield, Santa Maria, Santa Barbara, Oxnard, Redland, Anaheim, Los Angeles, Long Beach, Riverside, Ontario, Oceanside, San Diego, and surrounding counties.

Central Texas: Austin, Leander, Cedar Creek, Round Rock, Buda, Kyle, San Marcos, New Braunfels, Travis County, Williamson County, Hays County, and Comal County





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