Legal Question in Construction Law in Maryland
Swimming Pool not built to contracted size
I recently had an in-ground pool constructed by a top rated company. After completion, I discovered the pool was 2 feet narrower than was stated in our contract. The excavagator apparently made the error and the pool general contractor never checked or even visited the site during the whole project. The builder wants to just pay me for the difference in square footage for what was actually built vs what was agreed upon. What are my options? I want the pool I paid for but re-constructing doesn't seem realistic.
2 Answers from Attorneys
Re: Swimming Pool not built to contracted size
Based on your synopsis of the matter, it would seem that the appropriate measure of damages for this breach of contract action would be the difference between the value of the pool as built vs. contract price of the pool you requested. This sounds similar to what your builder is offering you, but it is unclear as to the builder's pricing methods (i.e., what value the builder may put on square footage as opposed to total "as built" value of the pool).
Re: Swimming Pool not built to contracted size
Two feet less may make a difference as to the project. Where the breach is material or substantial then you could possibly seek to rescind the contract. I guess it all amounts to as to arrangements that can be negotiated with the builder as there is an obvious default.
G. Joseph Holthaus, III, Esq.
(410) 799-9002
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