Legal Question in Business Law in Arizona

Pool renovation turned nightmare...do I have grounds for suit?

I signed contract with Pool Company in AZ after the salseman reviewed prior bib and undercut the llowest bid ... Rennovation not on time started sev wks after s/be done then said needed 5K more -- sorry we cant help that are salemen lie then left their garbage daily I had to clean food wraps etc then blew hose twice and pebbletech covered yard fromt and back I had to clean they told me daily for 2wks be there 2morrow 2morrow never came finished 2months later than told in beg, guy at end took hammer chipped out several spots patched with wrong color they said oh sorry sign here to release money and well fix in fall... fall came and went i made several calls no returned calls then out of blue got call in beg-mid june oh sorry I see we didnt come out I'll be out tomorrow havent seen or heard from them my questions is the loan was for $7500 pool and landscaping I want to get that (or at least the balance refunded to me as its a second on my house. My house is now up for sale I never did get to enjoy pool and wasted lots of $$ trying to get grass to regrow where the pebbletech coverd it with their spill. spill also killed 18 silver tab rose bushes and everything I have tried planting there. Do I have a good chance to have them pay off this loan or am I just shoot out of luck?


Asked on 9/24/97, 4:38 am

1 Answer from Attorneys
Delbert R. Phillips

Pool Renovation Nightmare

I am not licensed in AZ so what I say will not be specific to the AZ law. The contract you signed with the pool repair company would be the basis of any action taken in this case. Your damages if any would depend on proof you may have. If you have before and after photographs and affidavits from third parties concerning the damage to your shrubbary you may be able to bring an action on the theory of substandard work that is not up to the standards in the trade. It would be doubtful if you could get the full amount because he did complete most of the work. The only damage you could establish would be for his negligence in distroying yourplantings and unsightly repair job. There maybe a problem with the liquidity of the contractor and unless he has a bond for your work it may be hard to collect any damages the court may award you. Consult a local attorney.

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Answered on 9/24/97, 3:38 pm


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