Legal Question in Real Estate Law in California

Re: Poor Construction by Pool Company

The first thing to do is determine why the decking is cracking and separating. I don't want to sound like an alarmist, by the problem may be soils related as opposed to just poor workmanship or improper mix in the concrete that was poured.

You might want to consult with a geotechnical engineer to inspect the defects and tell you whether or not the cracking is related to either soils settlement, or expansive soils that have become saturated and started to expand, causing the deck slab to heave. There are other possible causes that should be investigated, but the engineer can tell you more about those than I. Alternatively, you could ask the engineer that designed the pool to come observe the distress and give you a diagnosis. The engineer ought to be able to determine the best way to correct the problem.

Whatever is causing the cracking, might not require that the entire deck be removed. Also, be aware that all concrete slabs crack to some degree, and minor cracking will not necessarily mean that the contractor has failed to comply with industry standards for good workmanship. If the cracking is excessive, though, you would have recourse against the contractor.

After you've had an engineer review the situation, you should write the pool contractor, and make a claim under the warranty that they repair the problem. If they refuse, and their work was substandard, you'll probably have to file a suit for breach of contract and negligence.

I'd recommend that you contact an attorney in your area that specializes in construction litigation. He or she will be able to point you in the right direction for consultants who can determine the cause of the cracking and the means to correct.

I wish you well on this � feel free to contact me if you need further information.

The foregoing information is provided as an accommodation only, and can not be construed as specific legal advice based on a comprehensive review of all relevant facts and documentation. Further, provision of the foregoing information cannot be construed to create an attorney-client relationship.