Legal Question in Civil Litigation in Texas
Lawsuit against pool company for failure to properly retain soil.
Can I bring a lawsuit against the pool company that installed my pool, 8 years ago. The yard had an existing
tie wall that was installed prior to the company putting in the pool. We asked if it was sufficient to retain the pool.
They said yes. The deck started cracking a year after we put the pool in, and the pool has been pushing against this tiewall ever since. The company's only warranty was that the pool would hold water. We've had several leaks which they've come out and fixed. Now we are in the process of replacing the tiewall, because it's rotting. The people who have come out to give us bids, say the pool company should have replaced this wall before they put in the pool. Do I have any recourse, for them not at least warning us that this wall was not reinforced to hold this kind of structure. They were the experts!!!
1 Answer from Attorneys
Re: Lawsuit against pool company for failure to properly retain soil.
The limitations period for construction of improvements to real property is ten (10) years, so you're still within that period. You'll need a lawyer who is knowledgeable in construction practices to handle your lawsuit, and be prepared to expend some fairly substantial money for expert witnesses.
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