Q: Is our pool builder responsible for installation of incorrect color glass tile?
Contract signed Nov 2022. Construction began April 2023. Completion date is still unknown. Glass tiles were installed and they are the incorrect color. Tile company will replace the product fro free, but the builder wants to charge us $3K to remove the old tile and install the new tile. Builder never inspected the tile prior to install. Does this come under quality assurance? Builder says we had the opportunity to check the tile prior to install. Shouldn't the builder absorb the cost of replacement? Builder stated that they will not take a loss on this matter. Thank you.
A:
Typically, the contractor is responsible for ensuring the work meets the plans and specifications and scope of work for the project. This situation sounds as if this contractor is somehow trying to shift the responsibility for supervising the quality of work on you, the homeowner. Unfortunately, with less than reputable contractors, it is not uncommon for the owner to be presented with a change order and increased cost for something that is actually corrective work. A further unfortunately is that is with many issues that arise during the course of construction projects, the specific terms and conditions of the written agreement between the parties is required to provide anything beyond very general and speculative responses. Many construction contracts have notice and right to cure and other dispute resolution terms that are directly applicable and a owner's failure to properly comply with the provisions may harm otherwise valid claims.
Given the cost of the additional work and the fact the incorrect color tile is a defect that is going to grate on the eye every time you look at the pool (especially as color of the decorative tile is an owner's preference choice), this situation merits consultation with experienced construction counsel who can review the specific facts, the terms and conditions of the pool construction agreement, and any applicable statutory considerations, to provide you with the best strategy going forward. The fact the project appears to be running longer than expected can also be discussed. The final thought is that is is also not uncommon for less than reputable contractors to immediately become much more responsive to homeowner concerns the minute they learn the homeowner has consulted with counsel and been properly apprised of their rights.
I wish you luck with resolving this situation.
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