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My PB didn't follow the plan & I got wrong dimensio, what to do??

Posted by mazzy1 (My Page) on
Fri, Dec 24, 10 at 21:28

Hi every one,

Please check my other post for spool plan & photos.
We just got the gunite done last week, I was taking measurements then I found that the width is 18" less than the plan (9'8" instead of 11'4") at another point the difference was almost 2 feet less.
It's already a small spool but that's the maximum we can go in my small backyard, now it's even smaller...
Any advice please

Follow-Up Postings:

RE: My PB didn't follow the plan & I got wrong dimensio, what to

The builder may have encountered issues with the original dimensions (like encroaching on an easement). The builder would not have downsized it to save money, because the difference in price between the two sizes would be so miniscule that it would not be a factor. I have looked at the pictures and it looks very nice and seems to fit the spot perfectly. I would not stress yourself out over this very minor will have a great spool and will never feel an actual difference. Enjoy it!

RE: My PB didn't follow the plan & I got wrong dimensio, what to

Thanks for your reply, it�s really encouraging.

The problem with this builder is that he is not following the plan, He doesn�t carry a copy of it, he leaves it here for whoever he is sending to finish some work on the spool & even his people never check it (I�ve tested that with them)
So I end up with mistakes/ changes from the plan (i.e. wrong dimensions, wrong steps location, luckily I was able to correct the waterfalls miss location before the gunite was done�) & then he will try to keep going & convince me that these errors are for my good & it was intended.
I�m stuck with him now & we are going very slowly with the project as I requested to be involved with every single step we are taking.
I�m still waiting for the rock guy to come finish the rock work needed around the steps, water fall & grotto (10 days so far) hopefully he will come soon.

Thanks & wish me luck

RE: My PB didn't follow the plan & I got wrong dimensio, what to

I know my contract specified the tolerance for dimensional variation, and the remedy if the pool was built out of allowed tolerances. This was a standard item, not something I asked to be added. Do you not have such a clause? The amount of variance you cite would have been a contract violation based on the clause for my pool, and you would be owed some consideration (either money refund, or some other mutually agreeable compensation).

FYI, my pool has a semi-classical shape, is 16X36 and the finished product varied from the contracted width and length by less than 1/8". Doing math in public is always dangerous, but it seems to me you have a roughly 15% variance. Even without the tolerance clause, I think you have some legal footing to seek consideration.

RE: My PB didn't follow the plan & I got wrong dimensio, what to

Thanks for your post Ibridges,

Actually my contract only specifies the dimensions of the widest lines in the plan & the words "as per attached plan" but there is nothing about dimensional variation tolerance or compensations�
I'm just trying to forget about what happened & focus on the remaining details but the PB is giving me hard time, he didn't call, show or send any one to work for the last 5 days. I just hope it is because of the Christmas & the New Year holidays.
Wish me luck, I don't wanna reach the point that I will need to file a complaint/court case.

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