Visalia, CA asked in Contracts and Construction Law for California

Q: Do I have a case and if so what type of case do I have?

During and ever since the completion of pool construction I have encountered many problems. In less than a month I started encountering filter problems. About 6months in the plaster started cracking, the filter has constantly been going out and needing to be repaired. Also the filter and pump are different than stated on the contract for one that costs less than what I paid for. After multiple complaints the only thing that was switched was the pump and still waiting for filter to be changed. They also didn't complete the concrete job as requested. During the construction process they damaged a water line which was repaired but affected our water pressure in an area of the house. They also damaged a fence that never got fixed. All these issues have been brought to company's attention from the beginning but the company hasn't addressed all issues and sometimes won't respond to my concerns. It's been 14months of continued problems and it's stressing me out.

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2 Lawyer Answers
Shawn R. Jackson
Shawn R. Jackson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Rohnert Park, CA
  • Licensed in California

A: Well, the first task is to review the construction contract ... and then to review any images or communications of the work-in-progress ... and then to determine the current state of the pool and adjacent area ... so, you will want to schedule a free initial video call with at least two attorneys of your choice to explore the next steps ...

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Construction Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information you provided, you may have a case for breach of contract and/or negligence against the pool construction company.

Breach of contract occurs when one party fails to perform their obligations under a contract, such as failing to deliver a product or service as promised. In this case, if the pool construction company failed to provide the filter and pump as stated in the contract, or if they failed to complete the concrete job as requested, they may have breached the contract.

Negligence occurs when someone fails to exercise reasonable care, resulting in harm or injury to another person. In this case, if the pool construction company damaged your water line and fence during the construction process, they may have been negligent.

To pursue a legal case, you will need to consult with an attorney who specializes in construction law. An attorney can review the details of your case and advise you on the strength of your claim and the legal options available to you.

It's important to document all of the issues you have encountered, including any correspondence with the pool construction company. This will help support your case and demonstrate the extent of the damages you have suffered.

Again, consulting with an attorney who specializes in construction law can help you evaluate your options and determine the best course of action in your specific situation.

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