Op Editorials

Navigating Legal

PAOLO BENEDETTI

Many pool contractors are currently “underwater” on projects that they sold months in advance of starting work. COVID related price increases, labor shortages and supply chain issues have driven the cost of construction above their contract price.

To avoid bankruptcy many have had to revise contract pricing, much to the chagrin of their clients.

There are legal precedents which allow a party to the contract to modify the terms and pricing, if there are significant forces that prevent them from meeting their contractual obligations.

In simple terms, the court will not force a seller (pool builder) to perform, when the cost of the raw materials has risen to the point of losing money on the project. The same in reverse hold true, if a property owner has lost their source of income, the court will not force them to build a pool.

These are the basic principles of “force majeure” and “commercial impracticability,” found in the Uniform Commercial Code (UCC), section 2-615. The UCC is the framework which governs business transactions and contracts, though they may vary slightly from state to state.

KEEPING POOL CONTRACTORS OUT OF THE COURTROOM

A client contacted a pool contractor, wanting a bid to perform repair work on a job completed by another contractor. The client said they were not pursuing litigation or making an insurance claim – they just want the project fixed correctly.

If you find yourself in this situation – tread carefully. ONLY provide a written estimate of your proposed repairs and your installation specifications.

Oftentimes, once the client receives the estimated cost of repairs, they will change their mind about litigation or filing an insurance claim against the original contractor. If you made statements about the cause of any failures, quality of the workmanship or code compliance, it will come back to haunt you.

The pool contractor was subpoenaed to appear in court, to repeat the verbal & written statements he made about the causation and workmanship. He was also only compensated at a rate predetermined by the court – less than minimum wage, like a juror. He was also sued

by the original contractor for slander & libel, due to some false assumptions he made and had expressed about the failure. It is human nature to want to impress people with our knowledge. But, this is the time to “bite your lip.”

It is best to listen to the client’s complaint, take diligent notes & copious pictures and prepare a repair estimate back in the office. Do not discuss the workmanship or the suspected cause of any failure.

Perform a thorough inspection, forensic evaluation or testing and render a written opinion – for a fee. Stay out of the courtroom, by learning what not to say.

ASA & ACI Rules

GRANT SMITH

Recently I was called out to come look at a pool for remediation of a water loss issue. The homeowner had already contracted to strip it. The pool was demoed 4 weeks before he called me.

The porosity of the shell was evident along with the lack of coverage over the steel. The pool I was looking at was a perfect example of why you should follow ASA and ACI guidelines. There have been some recent social media posts about shotcrete application being done incorrectly. There has also been some push back about ensuring that ASA and ACI guidelines are followed.

Just because you don’t have a structural crack does not mean your shotcrete was done correctly. Structural cracks are caused by under engineered pools in bad soil, soil settlement, and lack of rebar in ratio to concrete.

Not caring about putting rebound or wall trimmings in the floor, the strength of the air compressor, the application of good nozzle techniques, the PSI of the concrete, keeping track of the concrete coming out of the truck and water curing all contribute to a porous and under strength shell.

Floors and coves need to shot first so rebound and trimmings can be shoveled out. Trimmings and rebound are not shot concrete and letting them fall on top of the floor that you just shot is not an acceptable practice. They need to be shoveled out.

There was a discussion in Ask The Masters. A person stressed it’s the water to cement ratio that gives concrete water tightness which is true. But let’s be field practical. Most ready mix plants or dry shotcrete nozzle men can’t get a perfect .45 W/C ratio.

The shotcrete crew will invariably add water while you are in the back supervising the shot. The higher PSI concrete will have less water in it to begin with so that helps keep the W/C in check. Plus the higher PSI concrete just has more cement paste in it which also helps with the density of the concrete.

For the few hundred dollars it costs to raise up the PSI in your shell you are doing your client a favor. And if the client says your shocrete price is higher then educate them on why the price is higher. Pretty simple. 250CFM air compressors for wet mix and 650CFM for dry mix to insure the density of the concrete.

The great thing about shotcrete is that it slams concrete paste and aggregate together which creates a more dense finished product. If you have ever done cast in place walls or piers you vibrate the concrete to make it more dense and and get out the air pockets and encapsulate the rebar. Shotcrete has the same effect.

Remember the denser the concrete the more water tight it will be. Water curing is essential to keep concrete hydrated while it is curing. By keeping the shell cool and moist it will retain more water that was in the mix to begin with. This helps with denser concrete. It will also help with shrinkage cracks.