Having pool built, found a discrepancy during building… Need advice.?

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I'm having a pool built and its a little over ,000. We opted for the little 'stepped flagstone water fall" thingy coming out of a raised spa into the pool. Well the plan shows it being 8' wide, and I just measured and it's only like 4' wide. The builder even did 'inspections' after each phase, which they're supposed to catch things like that (I assume). The builder says they had to change it to 6' and only charged us for 6' but I don't see that on the plan or anywhere. Now, I have to either have them fix it to 6' or make them take off 2' worth and refund the difference, but how do I know they're taking off the right amount even? And if they fix it, will it be a real pain to cut the gunite and adjust flagstone etc? What's my best plan of attack? I'm already asking them where it says 6' on the contract and what my options are if I want to leave it as-is (it still looks nice).



Comments

  1. unofornaio says:
    September 7, 2009 at 8:30 am

    Hears the deal. You have a plan with 8′ on it that was stamped by your municipality (building inspector) this alone is a legal document. Any changes made to the plan must be noted ON the plan or on a change order by the builder as per your discussion regarding the matter and should contain your signature. This is standard practice of a quality, professional contractor. You clearly do not have this (documentation) there for in a judges eyes (or contractors board) you did not authorize the change. What this means is YOU have the upper hand in this situation in terms of negotiating what you feel is adequate compensation for THEIR mistake. If that means having them change it to 8′ ask for it , if it means having them propose a dollar amount for the reduction in size have them give you a figure first if you are not happy with that (keep in mind you have the upper hand) counter them with what YOU feel it is worth. To answer some of your questions specifically .
    >And if they fix it, will it be a real pain to cut the gunite and adjust flagstone etc? Yes, for them, but it will not effect the pool structure.
    >but how do I know they’re taking off the right amount even?
    That is a tough one. the difference in material cost for and extra 4′ or 2′ is NOTHING for them. flagstone comes in palletized cages and I can assure you they have had 2′-4sq’ left over from either your job or another job that was already paid for. Labor cost to install it depends on where you are at but time wise if they had done the cut out already to cover it with flagstone (the extra 2-4′) Id say 3hrs tops (not knowing what it looks like) 1 sac of cement, a saw or grinder a mason and a laborer.
    >What’s my best plan of attack?
    Thats really up to you. If you like it and it looks good (not "I can live with it") them have them offer a figure for a refund. If you really want it larger there is quite a visual and audible difference between a 4′ and 8′ water fall. what you want is what you need to tell them. Keep in mind you agreed to the original plan in writing and thats what you should get.

    As a concrete contractor sometimes that is not always possible because of unforeseen issues. When we are faced with them we always bring it up to the client and they MUST sign off on the change. Changing the size of the waterfall was a choice or a communication error, (happens a lot with non English speaking workers), NOT necessity there would be NO reason to reduce the size that would not have been seen BEFORE the plan was drawn up.
    Do not let them BS you making it bigger now is not impossible they will come out with a gas powered saw and cut the new section out in less than an hour. they will then need to remove some of the flagstone and replace it and then recover the new section its really not that big a deal. cost wise I’m gonna say your looking at around $500.00 in material and labor. If I were to come out, cut it, and re-lay the stone thats what Id charge. Id be in and out in 1 day.
    Good luck.

  2. HcRaYLe says:
    September 7, 2009 at 8:30 am

    get a second opinion from a completly different company and ask them what they think and if you know you are getting the right amount back…they should be able to help you
    good luck your pool sounds nice

  3. the 2nd woody says:
    September 7, 2009 at 8:30 am

    Well you have a contract so remind them that you will hold them to it, i’d try to get them to knock off a substatial amount for that blunder. You really have to be a bad guy about this due to the cost, you’re paying top dollar and deserve your money’s worth.

  4. rootzgirl34 says:
    September 7, 2009 at 8:30 am

    sorry about that, and wish i had the advice to give ya, hope u get it sorted out.. reason i had to answer this.. is i have found a much greater discrepancy in ur stiuation here.. YOU PUT IT IN THE WRONG BACK YARD.. I think it should be here in my backyard lol.. i think it would look even nicer lol.. take care.. : p

  5. gard3ngirl says:
    September 7, 2009 at 8:30 am

    Oh brother, you are going to have a fight on your hands. There’s no justice…They know full well that they should have discussed it with you prior to changing the plans. It’s unethical not to do so.

    As for the BS about ‘they could only make it 6 ft. …well, somebody misfigured something, didn’t they? Again, if they couldn’t make it fit according to the plan they were unauthorized to change the specifications without your consent.

    You will never know how much they actually charged for any of the labor and materials because they mark it up for installation and delivery and add the cost of sealant, mortar and masonry. It’s all just one bid usually.

    You will have to be very shrewd and make an offer to settle for x amount .–and calmly tell them why its gotta be that way. You are in a bad spot; but you have to make them think that you have researched it with other industry professionals and reached a decision as to what is fair.

    Part 2: Yep. It’s going to be a real pain if they have to tear into it. They will have to patch it and seal it. Plus, if theyre P.O.ed about having to re-do it they will lprobably do a sorry job of it. You never know…you’re gonna have to go with your gut feeling and try to get through it the best you can.

  6. Ghostmom says:
    September 7, 2009 at 8:30 am

    Actually I’ve never seen an 8 ft wide-6 foot yes-does that include anyside wall of flagstone that actually doesn’t have the "fall" go over it? If your happy-and I would be with 2 foot of fall-4 foot, maybe do a compromise. Have them make it wider but also have the builder sit down with you and go over all the monetary aspects so you get a breakdown of the revised bill-you should have it for your files anyway-also he should have discussed it before or at the time of changing plans-its the right thing to do. Sounds more lack of though that slack job and I’d be concerned about quality and looks-maybe walk it too and go over everything with him just so you are both eye to eye and can finish and enjoy your pool.

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