Testimony: Julie and Arthur *, South Shore
Professional and expert: Joël Éric Mignault, Quebec designer, consultant and aquatic builder
Start of work: August 2021
Estimated end of work: November 2023
*As there was a dispute between the two parties which concluded with a confidential out-of-court settlement agreement, fictitious names have been used to tell this story.
The project
PHOTO DOMINICK GRAVEL, THE PRESS
An in-ground pool project… which shouldn’t have been complicated!
What was the project?
Julie: Have an in-ground pool installed with a cover and a concrete structure.
Have you signed a contract with the installation company?
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.
What were the expected deadlines?
Julie: We purchased our pool at the start 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.
The expert’s opinion
What is the type of contract for the construction of an in-ground concrete swimming pool in Quebec?
There are as many types of contracts for the construction of an in-ground concrete swimming pool as there are companies. However, basically, there are contracts including the supply and installation of the swimming pool and all its equipment (materials and installation); then there are other companies with whom you sign a contract for the supply of the equipment and a separate contract for the installation, with a subcontractor.
Unforeseen
PHOTO PROVIDED BY THE OWNERS
After the work was completed, a breach was discovered in the bottom of the pool.
Why was the project unsuccessful?
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 a lack of labor, 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!
The expert’s opinion
Do pool builders need to obtain specific skills cards in order to build an in-ground pool that requires excavation and placement of concrete?
For everything relating to the private outdoor swimming pool market (residential or commercial), this work is not regulated. There is therefore no requirement for competence to carry out swimming pool installation work. It is only for indoor or outdoor, municipal or public swimming pools that there is an obligation to hold a contractor’s license, but for which there is no validation of skills linked to the specific characteristics of the aquatic industry.
The solutions
PHOTO PROVIDED BY THE OWNERS
Concrete and soil tests
What did you do at that time to try to resolve the problem?
Julie: The swimming pool specialist 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 former owners for hidden defects! The swimming pool being under warranty, these statements left us perplexed…
What actions have you taken?
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 correctly. The structure was not reinforced enough. In addition, the accumulation of water in the pool left unprotected all winter had caused a washing of the ground under the concrete. 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 swimming pool specialist would take care of the repair the following spring… in May 2023. The hole and the structure were going to be unprotected for another winter!
Where are you today?
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. 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.
How do you feel about this situation?
Julie: This process was exhausting and stressful, cost us a lot of money and 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.
PHOTO PROVIDED BY JOËL ÉRIC MIGNAULT
Joël Éric Mignault, Quebec aquatic designer, consultant and builder
Expert opinion
You should know first of all that I have neither consulted the contract, nor the expert’s report, nor watched the video, and that I have not consulted either of the parties.
That said, from the moment the soil is disturbed, it must be disposed of and replaced with adequately compacted and, ideally, tested backfill material. If this work was not done and in addition this reworked soil was exposed to erosion, then it is understandable that the bottom of the pool has subsided.
As soon as we carry out an excavation and subsequently plan to install a concrete structure, it goes without saying to carry out at least a shear test which allows us to validate the bearing capacity of the soil. In an ideal world, if we applied the very approach prescribed in civil engineering, we would need a full soil analysis and validation by a structural engineer before proceeding with the work. We are very far from this practice, which is carried out rigorously among our neighbors in Ontario and in the United States.
The major problem in Quebec is that there are no standards, no regulations, no inspectors, no adequate training and no obligation of competence on the part of insurers or the Régie du logement to be a “contractor” swimming pool installer.
There are still several competent contractors/installers in Quebec, but we must admit that there are still far too many improvisers/installers in our industry.
Notwithstanding the fact that we are the place with the most swimming pools per capita in the world, we are quite simply the shame of the international aquatic industry when it comes to talking about standards, know-how and overall supervision to ensure the sustainability of the works.
The following
PHOTO DOMINICK GRAVEL, THE PRESS
The couple and their children have not been able to enjoy their swimming pool yet.
When do you hope to enjoy your pool?
Julie: The canvas was installed recently, but everything can only be finalized in spring 2024.
If you had to do it again, what would you do differently?
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.
Final words from the expert
Don’t rely on what you can find on social media. Consult the company’s register in the municipal court to see if it is involved in disputes with its customers. If so, this should turn on a red light in your home. Also ask for references from recent projects, and others dating back three to five years, then communicate with former clients to get their impressions of the quality of the work and after-sales service.
You must read and understand the contract carefully before signing it. It is likely that you have obligations to fulfill and it is important that the list of inclusions and exclusions is well detailed. The latter could generate very significant costs which could result in you finding yourself completely outside of your initial budget and in a most unpleasant situation.