Swimming Pool Construction Defect: Subsurface related deficiencies

Various parts of California and Texas are known to have expansive soil conditions. Due to soil conditions, builders and architects must consult with soils engineers prior to building in these conditions to assure the structural integrity of the finished product. Many construction projects including swimming pools are constructed on slopes, hills or other areas where it is difficult to provide a stable foundation. A lack of a solid foundation may result in cracked pool shells, concrete slabs, walkways, foundations and other damage. If subsurface conditions are not properly prepared for adequate drainage, it is likely the property will experience various problems from subsidence (improper soil settlement) to landslides. Before constructing a swimming pool in California, contact an experienced swimming pool construction defect attorney. It is important to properly review the contract with the swimming pool builder prior to construction to make sure your rights as a home/landowner are protected. It is also important to monitor the construction through the several stages of construction, taking pictures, and notes through to completion.

Construction Defect Litigation

Legal Theories

The typical construction defect cases is based on the contracts between the homeowner and developer and the contracts between the contractor and subcontractors, including suppliers, architects and engineers, involved in building the home, commercial building, swimming pool or other structure. The goal is to require the party who is responsible for the defect to remedy the defect(s). The complaint against the contractors, subcontractors, developers, salespeople, and others who may have been involved in the transaction usually alleges negligence, breach of contract or warranty, strict liability, and in some instances fraud or negligent misrepresentation may be alleged.

There are many types of defects that can arise due to poor construction practices. Water intrusion is perhaps the most common and can cause the most damage and later mold concerns. Electrical issues can lead to fires. Dry rot can lead to infestation by insects as well as poor structural integrity. Foundations can be laid incorrectly showing signs of cracking in slabs and walls. Nail guns have been known to puncture plumbing and walls are sealed on top of the punctured plumbing only to later result in interior wall plumbing leaks. Poorly constructed stucco can result in water intrusion or incorrectly or missing flashing or other waterproofing materials. The possibilities are seemingly endless and they all result in a nightmare to the owner of the property.

Statute of Limitations on CD claims

In most states the time limit to bring a claim begins to run when the defect is discovered, or should have been discovered by a reasonable person. If the defect is patent, or apparent based on reasonable inspection, the action against a defendant must begin within the time period specified by state law. If the defect is latent, or not readily apparent by reasonable inspection, any action to recover damages generally must be within ten years after improvements are substantially completed.

Negligence

Contractors, general and subcontractors must be licensed in California to do work for the general public. The State of California has created several statutes for the purpose of protecting the public from unlicensed and incompetent contractors. Contractors must build according to well established standards and practices in their industry. For failure to maintain strict adherence to the established standard of care, skill and knowledge that is ordinarily employed by such building professionals there are penalties. For instance, an unlicensed contractor cannot legally charge for his or her services on any job that costs more than $500 and you are not obligated to pay them for services rendered as an unlicensed contractor. In addition, developers and contractors are responsible for the work of subcontractors that is below the standards generally accepted in that industry. Any damages or harm caused by negligent work of a contractor or subcontractor is the responsibility of the general contractor.

Strict Liability Claims

Fraud and Negligent Misrepresentation

Conclusion

Due to the complexity of these claims it is important that you contact an experienced construction defect attorney today to help you navigate the complex issues associated with your claims.