Legal Question in Construction Law in California

Re: Pool pump noise bothers neighbor

If the installation meets code and complies with any warranties in the contract or accompanying the apparatus that was installed, I don't think you would get far in a legal action against the contractor.

Some additional facts would help with technical (rather than legal) suggestions. For example, how many hours a day must the pump run to do its job effectively? I assume its function is to circulate the water through either a filter or heater, or both. Second, does the sound come from the pump motor, the pump itself (if you can tell), or from the water that the pump moves? Or possibly from the contoller?

Locating the source of the noise may suggest engineering solutions. Vibration-related noise suggests something out of balance, or loose. An A-C hum might point to using a pump with a D-C motor. Maybe the pump is too big or too small. Maybe it could be mounted on a vibration-absorbing pad, or in a better enclosure. There are electronic noise-feedback systems that can cancel out offensive sounds. I am an engineer as well as a lawyer, and I think you can find a technical solution here.

On the legal front, the neighbor could perhaps sue you for "private nuisance," a tort, but if the equipment meets code and the noise is within legal limits, his chances of winning aren't great. Nevertheless, you want to avoid even having to defend. Whether you're legally in the clear or not, good neighbor relations are worth pursuing, but look to a technical fix rather than trying to hold the contractor liable.