Legal Question in Construction Law in California

gunite in swimming pool

What should we do when we discovered the gunite in our 3 year old swimming pool's spa area is mostly sand and not hard like concrete? We have been unable to get help from contractor or gunite company


Asked on 7/17/08, 2:40 pm

3 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: gunite in swimming pool

You need to write to the pool contractor, the sub-contractor who did the gunite work (unless it was your pool contractor who did it), and the company that supplied the gunite. Your letter should be very firm in demanding that they resolve the problem, and if they do not, you will "pursue all legal remedies available" to you. Set a deadline, and if they do not respond by assist you, contact a construction defect attorney to file a lawsuit on your behalf.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/17/08, 4:25 pm
Terry A. Nelson Nelson & Lawless

Re: gunite in swimming pool

If you haven't already run out of time to bring legal action, you soon will. If you can't negotiate a resolution, you either walk away from the dispute, or file suit. You'll need an 'expert' in the field to examine the pool in order to testify that the construction was defective and a breach of the contract. If you're serious about pursuing this, feel free to contact me if the case is in SoCal courts.

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Answered on 7/17/08, 4:41 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: gunite in swimming pool

If you still have time you will need to probably hire an attorney and a pool expert and bring suit against all contractors responsible for the construction defect.

Feel free to contact my office if you wish to pursue.

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Answered on 7/19/08, 2:27 pm


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