Legal Question in Civil Litigation in California

Un-Contracted Pool Cleaner

I had a pool put in and there was suppose to be one week of pool service in the deal. The pool service came the first week and the next and just kept coming I only seen them one time, I asked why he was here and he told me the pool builder told him to be here. I work so Iam not home to watch my yard daily. A few months went by and I recieved a bill in the mail for over $500.00. I returned it and told them to forward it to the guy that built the pool. I received a phone call yesterday from the pool service threatening to put a lein on my house if I don't pay the bill. He also told me that I contracted him, which I did not. He also told me that he will not talk to me agian I will have to deal with his attorney and he is only giving me 3 days to take care of this. Can he realy do this? Should I go ahead and pay the bill and deal with any legal matters afterward? Should I just wait to hear from his attorney? Do I have any rights in this matter at all?


Asked on 2/25/05, 12:26 pm

1 Answer from Attorneys
Daniel Harrison Berger Harrison, APC

Re: Un-Contracted Pool Cleaner

He has no right to put a lien on your house. Pool cleaning service is not a "work of improvement" and therefore he has no right to a mechanic's lien. If he files one, let me know and I'll file a motion and have it removed. Attorney's fees (up to a certain amount) are recoverable on the motion too (which means he will have to pay for your attorney).

Pool contractors are subject to very strict regulations under the California Business & Professions Code. They must have very specific written contracts and the contracts must contain certain disclosures and statements.

With regard to whether the pool servicer was permitted to come by after the first week would depend on the contract documents you have. A review of them would be necessary to determine whether you owe the money.

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Answered on 2/26/05, 10:26 pm


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