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Had my pool built in 2006. When I opened my pool in the spring of 2007 the tiles had fallen off of the inside of the pool. I called and had them come out and fix it. This has continued every year and after a lot of complaining they would do the repair. Well this year the tiles are off again and now they are saying the pool is out of warranty !!! Do i have any recourse here ? I have saved every email from every year documenting the entire problem and that it has been a consistent defect in the original workmanship.

law

Dear Questioner,

 

Same tiles or new tiles each time? I would argue that the warranty period may have expired for any types of new defects, but the failing tile issue was discovered and reported within the warranty period; however, the defect apparently was never properly remedied. So the original installer should still be on the hook for those defects.

 

Now, I am frankly somewhat surprised that you and the installer went through an 8 year process of making piecemeal repairs. It sounds like the entire tile job was defective and to get a satisfactory project the pool should be completely retiled. Personally, I would have been after the installer for a complete retile after the second or third year. You've now worn out your welcome with the original installer, and, after 8 years, it doesn't sound like that company is willing to work with you anymore.

 

I would call several other pool and/or tile installers and have them inspect the work and determine what may be the cause delaminating tile. If the repaired tile is staying in place, I suspect it won't be too difficult to determine the root of the problem. Then I would get several estimates to retile the pool and proceed with the lowest responsible offer.  Yes, you will probably have to pay for this out of pocket. Then sue the original installer to recover the retile cost.

 

I would also advise sending a letter to the original installer pointing out that the problem was reported during the warranty period but never remedied and that you are proceeding to self-perform the corrective retile work if that company isn't willing to do so.

 

Good Luck and Keep Safe.

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