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Thread: Pond Peeling

  1. #31
    Oyagoi mstrseed's Avatar
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    I think if I had to redo, I would go with plaster................

  2. #32
    Tosai
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    How do i go about making a claim against the contractors insurance...i am really not interested in going to court, just want to get my pond fixed.

  3. #33
    Meg
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    Oyagoi Meg's Avatar
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    Quote Originally Posted by MikeS View Post
    Mstrseed beat me to the punch, using the torch creates steam under the smooth troweled, less porous surface causing it to lift. This may not be initially apparent but it's bound to fail sooner or later.
    my point was I used it to dry a damp spot on an old concret floor , not to cure new stuff

  4. #34
    Tategoi
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    Quote Originally Posted by Steve Burke View Post
    Paultergeist, Thanks for the que! I went to the calif state license board and found that Pond Life has an active "DBA" license and has a $12,500 bond. https://www2.cslb.ca.gov/OnlineServi...?LicNum=879617
    Any advice on my next step?
    Steve, it is important that you know that I am not a lawyer (although I play one on TV....).

    All joking aside, the next things that you need to do is document, document, document what has happened. Save all the paperwork from this installation, especially the contract and any limits (warranties) as to the duration of the work specified within that contract. Save cancelled checks, credit card statements, etc., which show you have paid this money. If the original contractor will answer your emails, save them -- they are a way of commemorating your attempts to resolve the matter. Save also all records of communication between yourself and Sani-tred, especially anything which indicates improper installation on the part of the contractor. Take lots of digital photographs of the problem. Get a couple of estimates from other licensed pond contractors as to the total cost of repair of your pond -- this dollar value will be used to establish your damage$.

    In many cases, there will be an obligation upon you to first attempt to resolve the matter between yourself and the original contractor before the legal guns come out of their holsters. Please do not quote this as *truth,* but I have seen this issue come up before. In small claims courts, this is usually in the form of a couple of certified letters which call attention to the problem and demand resolution. When you have determined exactly what must be done to repair your pond, you may wish to send a certified letter (return receipt) establishing your stance in the matter. You should specify that any further repairs are to be done in accordance with the (San-tred) manufacturer's instructions, or not done at all. You don't want to go through this again. Be as specific and as detailed as you can.

    That bond may be a silver lining for you. It is possible that the bonding company will regard a request from you for a couple of grand to be so insignificant, they may just cut you a check to make you go away. They will have a bunch of paperwork that they will probably first try to wear you down with, but you can be persistent. They will probably want to know that you first tried to resolve the issue yourself (see above), but you can check with them and see how they treat you. You might want to contact them and just see what their claim process involves. Be prepared for the run-around.

    Small claims court is the next option. This will require that you first tried to settle the matter. There are limits on the amount of damages -- in this state (California), that limit is $5,000. There are no punitive damages awarded; you would only get the cost of repair plus minor legal fees, but nothing for your troubles. The nice thing about small claims court is that you don't risk a lot of legal expenses (I think there is a $50 fee for filing a claim, probably an addtional fee to have the defendant served with papers), but nothing like seeing a lawyer. If you do win an award, there can be some issues involved in collecting, but if this guy is operating a business, he will not want to go into that territory.

    Last stop on this train: hire a real lawyer. In my opinion, you would be better off paying for the entire repair yourself than going this route. A lawyer will want an up-front retainer -- yeeeesh -- let's just say that this is way over-kill for something of this economic size, okay?

    The important thing -- in my limited opinion -- is that the original contractor and his bonding company perceive you as someone who will absolutely go the distance to achieve satisfaction on this issue. The second most important thng is that they realize that the existing documentation, photos, emails, statements from Sani-tred, etc. (read: "evidence") is over-whelmingly in your favor.

    I am not a legal expert; these are just my opinions based on some personal experiences.

    Good luck.

  5. #35
    Guest Nancy M.'s Avatar
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    Quote Originally Posted by mstrseed View Post
    I think if I had to redo, I would go with plaster................

    I agree bill, I would strip the sanitrend and sand blast, then thuro-seal and plaster.

  6. #36
    Nisai MikeS's Avatar
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    Just plaster or Thoroseal, Thoroseal will not be compatible with a plaster top coating.

  7. #37
    Guest Nancy M.'s Avatar
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    Quote Originally Posted by MikeS View Post
    Just plaster or Thoroseal, Thoroseal will not be compatible with a plaster top coating.
    Really since when? My husband has been building Koi ponds for years, and has always used thoroseal and makes his own custom plaster mixture. He has never had a pond or english style filtration leak or be non-compatible.

    He uses this method on Gunite and cinder block ponds and filtration.

  8. #38
    Nisai MikeS's Avatar
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    Thoroseal while it does contain Portland cement also contains plasticizers to add flexibility. Plasters do not contain these unless your "Custom" version does. Anytime you place a non-elastic coating overr and elastic one, you risk failure. Elastic over non elastic is fine as in latex/acrylic can go over alkyd/oil based paints but not the reverse.

  9. #39
    Jumbo
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    getting a claim thru the contractor arbitration is a PITA in the state of California. You better not fit anything before the decision is made by the court of arbitrator. A good friend of mine gone this route against a contractor, took him 3 years to win, in that 3 years, he had a misarble kitchen.

    In this eco, you can get a lawyer to sue for a few grand in CA. You just have to know if the max bond of 12.5K minus the fee is enough for you to suffer for a while and pay for the final bill.

    stan

  10. #40
    Tosai
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    After a week of talking to Randy at Sani-Tred ([email protected]), and the two contractors (Mike Rutledge of Pond Life and Dan Perret of Ichiban Ponds and Landscape), neither is taking responsibility. It does seem reasonable when you look at the pieces of my pond that clog my pump that the application was not done correctly. However, the contractors continue to say they are too busy to help and "good luck" fixing it...from a consumer this does not sound right.

    While it may be difficult, I will now have to use the court to sort it out, and will also file a complaint with the Calif State Licensing board.

    For any of you working with the contractors, BE SURE TO LOOK AT PRIOR WORK BEFORE YOU BUY. If you are evaluating either Pond Life Aquatic Landscape with Dan Rutledge (Ca license #879617) or Ichiban Ponds and Landscape with Mike Perret (Ca license # 879800) beware and come look at my pond and billings.

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