Hi. We're in the process of having a new swimming pool installed in our back yard, being We did a lot of research before engaging a company we thought were reputable (many previous awards, good reviews etc). We paid $2500 for a site survey and design process - all looked good, contract signed and work commenced. First sign of something awry was when the time required to dig out the site turned out to be 40% more than originally estimated. We took this on the chin as a "forced variation". Shortly afterwards, they announced that they'd like to survey the house boundary. We were a little taken aback by this as we thought they would have done this at the design stage. Nevertheless we wanted everything to be correct so we paid the $880 to have this done. Now however, we've been told that the length of the glass fence we need has mysteriously increased by 2.9m and the area around the pool that needs to be paved is 10 m squared larger. A retaining wall we need has also increased in size. Going over things, measuring the house ourselves and comparing their original drawings to the ones presented now, its apparent that the company have not measured the width of our house correctly at the outset - being out by at least 2m. This of course then has enlarged the area of the dig, the length of the fence and the size of the retaining wall. The company has come to us looking for extra money to cover all these issues. The contract mentions "agreed variations" and "forced variations" but what happens in the event of a fundamental error such as this do not seem to be mentioned anywhere in the contract. We feel aggrieved that they have made such a fundamental error and that they expect us to cover the additional costs. The very first clause in the contract states that "We will install the pool and do any other work on the site as described in the contract documents properly and skilfully....."
Just wondering where we stand now in law. The company have acknowledged that mistakes have been made but seem to think that we should shoulder the costs involved as a result. We disagree and feel we should get our solicitor involved. I know its just the bare bones I have presented here but would appreciate your opinions.
Just wondering where we stand now in law. The company have acknowledged that mistakes have been made but seem to think that we should shoulder the costs involved as a result. We disagree and feel we should get our solicitor involved. I know its just the bare bones I have presented here but would appreciate your opinions.
