Legal Question in Construction Law in California

Swimming Pool Construction Problems

I have recently had an in ground pool put in my

back yard by a reputable pool company. During

the excavation, the contractors tore out the

sprinkler system that was previously in place. I

knew this was part of the process, but what I

didn't know was that they did not cap off the pipes

before laying the concrete nor was I told that I had

to do this. The sprinkler system is on a timer and I

have the stations all turned off but if our power

goes out, the timer automatically turns on all of

the stations. If this happens the pipes that were

not properly capped off gush out water under the

concrete. I notified my pool company of this and

they recomended someone to fix the problem at

my expense. My question is..... Is this legal for

them to do this or are they to be held

responsable?


Asked on 12/27/01, 8:50 pm

2 Answers from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

Re: Swimming Pool Construction Problems

Whose responsibility this was is largely a matter of contract. Was it a part of the contract that the existing irrigation system be removed? If so, then the pool company is responsible. If the irrigation system was overlooked by the plans, then removing it and capping it off would likely be considered an extra. Even if removing the system was an extra, though, it would likely be considered negligence and falling below the standard of the trade if whoever removed it also failed to cap the piping.

It's also possible that whoever did the design was negligent in not taking the irrigation system into consideration. It's rather common that pool companies encounter existing piping, so the designer may have some responsibility as well. You'll have to check your contract with the designer carefully. In my experience, most designers and architects have risk shifting clauses in their contracts so as to try to preclude exposure for their mistakes.

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Answered on 12/28/01, 1:12 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Swimming Pool Construction Problems

They would be found negligent if you were to bring suit for damages. Call directly at (619) 222-3504. Perhaps litigation can be avoided with a lawyer involved.

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Answered on 12/28/01, 1:55 pm


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