Swimming Pools Expert Witness Construction Defects

Almost every swimming pool is rife with construction defects... but once it's finished how do you locate the mistakes and inadequacies?

What can possibly go wrong??
Before most pools are even built, they become destined for failure...


Since swimming pools are built IN THE GROUND, soils reports should be performed PRIOR to obtaining the structural engineering.


The structural engineering should be specific for the site and the soil conditions.  Generic mail-order engineering MAY be appropriate, provided that is exceeds the site conditions AND that the structural engineer has verified that those conditions are addressed!


Salesmen should not specify pump and plumbing sizes.  The pipe sizes and pump selection should only occur after the hydraulic engineering has been completed to verify that the line velocities are within specifications & regulations.


The pool elevation should be set way below the building weep screeds to prevent water intrusion and drainage issues.


Form work should be sturdy and able to support men climbing on it.  Bender boards and lathe paper are unacceptable.


Plumbing and electrical lines should be placed into trenches or under baserock.  Penetrations through the shell should have mechanical seals.  Plaster should not be relied upon to seal these penetrations.  EVERY penetration that terminates below the water level should remain under a pressure test until all of the decking and landscape activities have ceased - this includes light niches, fill, overflow, suction & return lines!


The structural steel should be installed per the ACI standards for clearances and laps.  The steel installation should be inspected by an independent inspector.


The entire shotcrete (gunite) process should be supervised by an independent inspector.  Samples should be periodically obtained for later testing to verify that the specified strengths were met.  Trimmings, rebound and waste should be removed from the pool.  Trimmings should not be dropped or spread around in the spa benches.


The homeowner should not be relied upon to water cure the pool shell following shotcrete.


All fittings and penetrations should be prepared & sealed PRIOR to the plaster company's arrival.


The electrical bonding, perimeter fencing and anti-drowning/safety devices should be installed and inspected prior to plastering.

Every adopted State & Municipal building code, standard, regulation and ordinance shall be adhered to.


All of the published workmanship standards for the sub-trades (e.g. concrete, shotcrete, plumbing, electrical, masonry, tile, plaster, etc.) shall be followed.  Though they are not "code," they are the minimum acceptable level of performance.

The myriad of trade standards that apply to a swimming pool is mind boggling.  Few swimming pool contractors are familiar with all of these standards.  And even fewer comply with them.


An expert with swimming pools can help you identify the issues, establish a remediation budget and make recommendations as to a course of action. 

Someone who is still designing and constructing pools makes the best expert.  
Why?  
Because they are current on the most recent codes and standards.  
They know the current shortcuts and means that the sub-contractors "cheat."
They know the industry trends in designs and modern materials.
And they are up on the current pool equipment and construction technologies.


Someone who is currently a structural engineer may not be forthright with their analysis... especially if you experience a failure due to a design flaw, exactly the same way that their firm specifies and designs.  They have to be careful not to place their firm in a position of having to defend thousands of past projects.


Case in point - weak concrete.  Many pool engineering firms specify 2500 psi shotcrete.  Why?  Because anything over 2500 psi is REQUIRED BY CODE (nationwide) to be inspected & observed by an independent inspector and the shotcrete strength tested.  Swimming pool contractors do not want this oversight, because they would not be able to trow the trimmings & waste into the pool structure.  This would cost the contractor $500 for the inspector, $500 for lab testing, $1,000- 2,500 for the extra material and another $1,000 to haul away and dispose of the shotcrete waste.


These same engineers have fought ACI in their efforts to make 4,500 - 5000 psi the minimum standard for swimming pool shotcrete.  Why?  Because it would expose their prior practices to litigation.


So do you really want a structural engineer as your primary expert witness??  Especially when they have a vested interest in "dumbing down" the quality and workmanship in the swimming pool industry?

Expert Witness, Defective Swimming Pool Tile & Inferior Installation Practices

Swimming Pool Expert Witness Paolo Benedetti discusses defective tile installations.

Have you recently had your swimming pool or spa tiled with what was promised was to be a high quality glass tile...  only to find that the tile began cracking or coming lose from the pool walls in a few short months??


A Real Value?
The salesman talked a good game... he ranted about the crazy mark-ups everyone places on the glass tile.  They import their own "high quality glass tile" from China and pass the savings onto you.


They have streamlined their installation procedures to reduce the costs to you.  In fact they have the process down to just 2 weeks.


How do they do it?
First, they do not strip the existing plaster from the pool.  Plaster is not level or waterproof... but they don't care.
Secondly, they eliminate the leveling bed that guarantees that the tile will sit flat and the grout lines true.
Thirdly, they fore go any waterproofing membrane.
Finally, their unskilled crews of undocumented laborers thinset the glass tiles directly to the worn plaster surface.


Workmanship
The workmanship violates many published industry trade standards and practices.  That's how they save you money.


No concern is given to aligning grout joints.  Cut pieces are placed haphazardly throughout the project. And because the plaster is uneven, the finished surfaces are wavy and undulating.


Inferior Tile
That bargain glass tile from China... is worthless.


It has not been subject to any independent materials testing lab to validate it's compliance with any tile industry standard.  It is clearly evident, because the installation instructions state that thinsetting the tiles directly over concrete is acceptable (in broken and misspelled English!).


Finished Product
Though the finished product may look impressive, it will not last long.  As the underlying plaster decays and degrades, so does the foundation for your tile.


When the plaster begins to loosen and delaminate, it will take the tiles with it.

You got what you paid for... now get what your deserved!

Expert Witness
Paolo Benedetti is an expert in the installation of swimming pool glass tile mosaics.  His extensive knowledge of the material science of glass and the various trade and workmanship standards, makes him the lone glass tile expert witness in the swimming pool industry.

Expert Witness - Swimming Pool Construction Defects

Swimming pool construction defects expert witness Paolo (Paul) Benedetti specializes in vanishing edge, infinity edge, disappearing edge, negative edge, knife edge, slot overflow, flooded deck, perimeter overflow, hillside, waterfront and traditional swimming pool designs.  With almost 20 years of experience in the field of swimming pools, he has built or consulted on some of the worlds most complex swimming pools.


Generalist
While many "experts" have a singular specialty (e.g. structural, soils, hydraulics, materials, etc.), swimming pool construction defect cases require someone to function as the general practitioner.  Since the construction of a swimming pool requires the skills and knowledge of a soils engineer, structural engineer, surveyor, excavator, carpenter, plumber, electrician, reinforcing steel installer, shotcrete crew, masons, tile setters, concrete finishers, inspector and project foreman, retaining a specialist at the beginning of a construction defect case is too myopic.


The generalist needs to have a sufficient background in ALL facets of swimming pool construction, in order to identify the issues and defects.  Once the individual issues have been identified, depending on the severity of a particular issue, a specialist may then be warranted.


This is much like seeking medical attention.  The highly educated general medicine doctor inspects the patient and refers them to a specialist if required.  This approach saves the patients' resources and does not attempt to shoehorn the services of a specialist into a projects issues.


 Identify the Issues
Oftentimes, the property owner initiates a dispute with a contractor due to an overt defect.  This defect is so egregious that it stands out to a layperson - obvious common sense dictates that there is a problem.


However, what the owners report as their concern, may not be the real issue.   Underlying construction defects or shortcuts may be causing subsequent damages.


Therefore, the first step in a construction defect case, is to have the project inspected and the issues identified.  In addition to construction defects, the adherence to published trade standards and practices should be inspected.  This is commonly referred to as the "workmanship."  Almost every trade has a national association that has published the minimum acceptable workmanship standards.  Some of these workmanship standards have actually been adopted (or are referenced) in building codes.


Non-Invasive and Destructive Testing
Not every single issue can be identified from a mere visual inspection.  Concrete thicknesses, placement and spacing of the steel reinforcement and buried or concealed plumbing and electrical conduits are not exposed for visual verification.


If the owners do not have thousands of construction images documenting the concealed elements of the project, then testing may be required.  Testing may be non-invasive or destructive.


Non-invasive testing involves processes that do not cause damages to the project.  They include side-radar scanning, fiber optic cameras, rebar scanning and hydraulic testing.


Destructive testing involves the physical removal of materials for laboratory testing or to expose underlying objects for visual inspection, testing or sampling.  This is usually reserved for worst case scenarios involving blatant construction defects and negligence.


Following the issuance of the initial inspection report, the opposing party may perform their own inspection or request permission to perform destructive testing.  Each side is allowed to perform duplicate tests of their own... so ease up and go with the flow.


Litigation
Most construction defect cases never reach a courtroom.  Most are settled through arbitration or mediation.  When faced with a detailed report and images that outline the various deviations from accepted trade standards, practices, building codes, plans, specifications and contractual agreements, most cases settle.


In the worst cases, when insurances will not cover the repair or replacement of the defective construction, or when multiple parties and sub-contractors are to blame, litigation may result.


In these instances, most cases settle after the deposition phase.  The involved parties testimony about their involvement and level of blame is ascertained.  Testimony, documents, receipts and invoices outline exactly who is responsible for what defects.  Most insurance companies usually settle at this point, as their potential financial exposure at trial is too severe.


State Licensing Board
While most State Contractor's Licensing Boards will provide a property owner with a "state supplied expert," the extent of the report will be limited to those issues the property owner has identified.  The State Expert is not authorized to explore additional issues, perform testing or address sub-contractor responsibilities.


It is usually in the best interest of the property owner to have their own inspection report "in hand" prior to filing a complaint with a government agency.  An independent report will outline all of the apparent defects, not just those the property owner is aware of.


Additionally, an independent report may identify sub-contractors as being partially responsible, thereby offering an another path to recovery.


State Licensing Boards can investigate complaints of poor workmanship and have the power to order a contractor to repair defects.  But if your project got to the point where you kicked the contractor off of the job, and you filed a complaint... do you really want them performing any repairs???

Some State Licensing Boards do offer the contractor the choice of paying for the damages, but this does not reimburse the property owner for loss of value, loss of use or punitive damages.


State Licensing Boards can assist property owners in enforcing judgements resulting from mediation, arbitration or court hearings.  When presented with certified documents, the State Licensing Board will order the contractor to pay the settlement.  Failure to pay any judgement will result in the revocation of their contractors license.


Fees
Most expert witnesses charge a flat day or hourly rate.  Travel expenses are usually additional.  An initial site visit, review of construction documents and contracts, and written inspection report are usually provided for a fixed price, depending on the travel requirements.


Published fee schedules outline the expert witnesses associated fees and expenses, most of which are recoverable should you prevail.


Tell it like it is!
An expert witness should also be objective.  They will tell you if your expectations were unreasonable and if you are demanding too much perfection from your contractor.


You have to be willing to hear it like it is.  Some property owner's complaints are not actually defects.  If the contractor did nothing wrong, then you will be told so.   If the work is within acceptable trade standards, then that will be explained.


Sometimes hearing an independent third-party explain how or why something is occurring is sufficient to placate a property owner.  Prior personality differences oftentimes prevented the parties from actually listening to each other.