Julie: Have an in-ground pool installed with a liner and a concrete structure.
Julie: Of course. We had shopped around for bids from several companies and looked at different construction options. The chosen company specializes in the installation of swimming pools. Their salesman convinced us to trust them given their reputation in this type of installation.
Julie: We purchased our pool at the beginning of 2021 and delivery times were estimated at the end of summer, around September. The work began in August 2021. We thought we would get our feet wet before the season closed.
Julie: It’s an accumulation of several things! Before the work, the pool specialist demanded three bank drafts, without specifying a date. Too enthusiastic, we did not realize that we were paying for the swimming pool in full. When we asked if we could wait a specific period for the checks, the foreman threatened us not to start the work if all the bank drafts were not delivered on the first day of the work. Given the pressure, we therefore complied without realizing that these would be taken as soon as they were issued.
In October 2021, only the canvas remained to be installed. Citing the lack of manpower, we were informed that it would be done the following spring, leaving our concrete structure exposed without protection. Faced with our concerns, the foreman suggested that we add water to cover and insulate the bottom of the pool. We quickly noticed that the water was disappearing into the ground. Everything was left as is for the winter.
The installation was constantly postponed until June 2022. Three weeks later, after the end of the work, a large breach was discovered in the deep part of the pool. Part of the ground had just collapsed!
Julie: The pool guy minimized the problem. He told us to order a new canvas and assured us that he would come and make the correction in September. Unfortunately, the biggest problems began… After taking a sample of the concrete and supposedly doing an analysis, he came back claiming that a soil problem was the source of the problem. It was the first time such a thing had been mentioned. He even recommended that we sue the previous owners for hidden defects! The swimming pool being under warranty, these statements left us perplexed…
Julie: We decided to bring in a consulting engineering firm specializing in this type of incident, and to review the surveillance cameras installed around the site (we had a young child).
The engineers noticed a defect during construction: during excavation, the soil had been disturbed and not compacted properly. The structure was not reinforced enough. In addition, the accumulation of water in the swimming pool left unprotected all winter had caused the ground under the concrete to wash away. The structure was not appropriate for its content.
We quickly notified the swimming pool specialist, who refused to explore this possibility of a construction defect. The store manager finally told us that the pool specialist would take care of the repair the following spring… in May 2023. The hole and structure were going to be unprotected for another winter!
Julie: Things haven’t gotten better. The pool contractor never wanted to take responsibility for his responsibilities or honor his warranty. We therefore contacted the Consumer Protection Office (OPC), which informed us of several shortcomings during the work and in the behavior of the merchant. The OPC suggested that we file a complaint and a formal notice against the company, nothing more. The OPC informed us of the law, but left us to our own devices for the rest of the matter. We therefore initiated legal proceedings with the company with a lawyer. Despite everything, no effort by the company to reach a rapid settlement was made.
An amicable agreement was finally reached in September 2023, but unsurprisingly, could only be concluded in October, following several delays and reminders to the company.
Julie: This process was tiring and stressful, cost us a lot of money, time and caused a loss of enjoyment. I find it absurd that it is up to the cheated consumer to take charge of legal procedures at their own expense without a body like the OPC having the power to sanction the company or to accompany and support consumers in their efforts.
Julie: The canvas was installed recently, but everything can only be finalized in spring 2024.
Julie: First and foremost, we must validate the true reputation of the chosen company, be vigilant and not just trust what we are told. I would also have made sure to make bank drafts based on the progress of the work, at an appropriate percentage, in order to ensure compliance with the contract and our rights as consumers.
