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  • Aug 11th, 2019 9:34 pm
[OP]
Jr. Member
Nov 15, 2015
159 posts
107 upvotes
Etobicoke, ON

Contractor dispute

So I found a guy on homestars to do my pool renovation last fall. He turned out to be a banana and left numerous deficiencies which I found during opening season. The most nitpicky of them was a screw on the skimmer faceplate that was left out and epoxy put in its place. I didn't think much of it beyond being disappointed in this guy's workmanship until i had a leak test done 2 days ago and it was determined that it was the source of the problem. I'd been filling the pool 2-3 times a week and suspected the underground plumbing, and it's come back that the source was a poorly installed faceplate. I received an invoice for the test along with a quote for the fix, which I forwarded to the contractor in an effort to resolve. He has offered to complete the remaining work to fix the problem but refuses to pay for the ~ $300 leak test. The way I see it I now have 3 options:

Option A - have contractor complete the remaining work and pursue him in scc for the test fee

Option B - have the party that performed the test complete the work properly (apparently the faceplate installed may not even be the right size) and go after this dude for the entire amount (test+repair+maybe even water bills) in scc

Option C - have contractor complete the work to be done and kick rocks that I had to pay an additional $300 for this joker's screw up

What do you think I should do? Is there any sort of rule stating that the original contractor has to be given a chance to fix problems before work can be contracted out and him billed?
5 replies
Sr. Member
Oct 22, 2016
719 posts
609 upvotes
Comox Valley
Option A. I feel if he has offered to repair it, you let him do it. Then go after him in scc for test fee.

If you tried option B, I think the scc would look unfavorable on you, for getting outside contractor to repair it, when the original contractor offered to do the repair.
Deal Addict
Nov 16, 2011
1339 posts
1036 upvotes
HAMILTON
Since you had issues with water loss, did you inform the initial contractor and give the the opportunity to diagnose ?

Only options A & C are viable. If you have any intent of taking legal action against the person, you must 1st give them the opportunity to fix and deficiencies.

If you lack confidence in their ability to complete the work correctly, option C is your best bet.
[OP]
Jr. Member
Nov 15, 2015
159 posts
107 upvotes
Etobicoke, ON
I glossed over some earlier details so I'll try and paint a more complete picture. We had a concrete pad poured around the pool as part of the reno. During the pour it seems, the weight of the concrete broke a small weakened section of coping loose. This resulted in an uneven edge and an eyesore. When it was brought up, the contractor's response was to beat on it with a hammer. That evened out the edge but completely destroyed the coping. He suggested covering it with clips after and I told him to just give me the clips to install myself. The skimmer, again during the pour, shifted and now sits on a 30 degree angle. It's a challenge to even get the basket in and out. It also, because the deck was raised several inches, has a 3" section of bare concrete dividing it into upper and lower halves which were once together. The contractor's response to that deficiency was to parge the inside of the skimmer with more concrete for some reason. I declined to follow up with that. Lastly, when I tried to open the pool this spring, I had to chip out 2" of concrete from the skimmer bottom in order to access the suction line. That's when I found that none of the faceplates had been installed or cut out meaning I had to wait for those so I could open up for the season. It took this goof 2 weeks from then to put the plates on and that has resulted in the leak I'm dealing with now.

So my question now would be, is there a sort of competence threshold, that if a contractor lands below, they are in forfeit of any right to repair?
[OP]
Jr. Member
Nov 15, 2015
159 posts
107 upvotes
Etobicoke, ON
luckystrike1 wrote: Since you had issues with water loss, did you inform the initial contractor and give the the opportunity to diagnose ?
No I didn't notify him of the leak before calling in the third party. First it wasn't obvious to me that it was caused by something he did. I suspected the underground plumbing as I had a very difficult time getting rid of the leaves that had fallen in before the winter cover went on. I thought I may have ruptured a line when using a drain bladder to unclog it. Second, it wasn't obvious to me that he even could do a leak test as it's a niche industry with few players, if my searches are anything to go by. Lastly I don't know if I could have expected an honest review from him of his own work.

I hear you though, you're probably saying what an adjudicator likely would.
Deal Addict
Nov 16, 2011
1339 posts
1036 upvotes
HAMILTON
Hey Sorry for your troubles. Is difficult to deal with the type of inept behavior and i can empathize with you. Good luck on whatever way you decide to go.....

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