Ask Me Help Desk - Swimming pool liner customer dispute

Hi
I have a small pool repair business. I did a liner re-set for a customer. I told them when I started that the liner was old and might make it only one season then they should think about a new liner. My mistake was trying to Mickey Mouse it to save them money. The liner ended up shrinking and the bottom wrinkled. It does look terrible, so I didn't charge the customer and told them to try to get through the season and I would give them a new liner at cost when they were ready. A week went bye and they called and want my insurance information, which I don't have to cover this situation. I told her I would put in a new liner at NO cost to her and she refused. What recourse do they have at this point and what more can I do at this point.

I need some advice on this one.. this is the fist time anything like this has happened.

Thank You

You offered to replace the liner at no charge and she refused your offer? What does she intend to sue for?

If she does sue the worst thing that can happen is that you be ordered to pay for a new liner for her - the Court "probably" will not force her to allow you to do the work if she has been unhappy with your workmanship once.

I would find out how much money she wants, see what the cost of installing the new liner is and make a reasonable counteroffer.

Sometimes no matter how you try you just can't win - !

Thanks Judy
Well I guess chalk this one up as a bonehead decision to try to help someone save money.. funny thing is they were told that it may not come out good and have to replace the liner after this season also I never charged them a dime for the work I did on the pool (approx 6 hours, chemicals liner loc etc) and there was no contract of any sort... oh well your right... no matter how hard you try you just can't win.

Thanks again for your opinion

Sure, no problem - and you're right. It seems the more you give, the more other people take.

I think that it is strange they asked for your insurance? Never tell customers any coverage information, Always tell them to have their attourney contact your attourney. They sound like customers who are taking advantage, however not knowing the entire situation I can't be judge. Here is what you may want to think about in the future for all the customers that you deal with:
1. Print up some customer forms with your logo and or letterhead
2. Note & track ALL conversations from now on, and even ask the customer to sign it and if possible always leave them a copy, Along with the quote, suggestions, etc.
3. Don't let a customer railroad you into believing that you are not doing your honest days work or that you didn't do your part, but again if it was in writing there would be no doubt.
4. Request half down before the job, stop halfway in the middle and explain to your customers the progress, If there is any unforseeen expenses explain them at that time.

This should help protect you some more. Its does not work to have your word against some one else's, but if its on paper, especially a company logo with a copy left for the customer and a signed one, They will have little chance to take a claim.

The sun will still rise tomorrw!

Quote:

Originally Posted by Sun will rise

I think that it is strange they asked for your insurance? Never tell customers any coverage information, Always tell them to have their attourney contact your attourney. They sound like customers who are taking advantage, however not knowing the entire situation i can't be judge. Here is what you may want to think about in the future for all the customers that you deal with:
1. Print up some customer forms with your logo and or letterhead
2. Note & track ALL conversations from now on, and even ask the customer to sign it and if possible always leave them a copy, Along with the quote, suggestions, etc.,
3. Dont let a customer railroad you into believing that you are not doing your honest days work or that you didnt do your part, but again if it was in writing there would be no doubt.
4. Request half down before the job, stop halfway in the middle and explain to your customers the progress, If there is any unforseeen expenses explain them at that time.

This should help protect you some more. Its does not work to have your word against some one elses, but if its on paper, especially a company logo with a copy left for the customer and a signed one, They will have little chance to take a claim.

The sun will still rise tomorrw!

The OP stated that his work was not up to his usual standard, that he was willing to make the replacement because of the bad result.

You cannot amend a contract due to "unforeseen expenses." It's the job of the contractor to make certain that his contract provides for any/all possibilities.

The refusal to provide insurance information forces both parties to retain an Attorney, an additional expense in a matter such as this.

It is virtually impossible to have the customer sign for any/all conversations.

The OP isn't trying to get out from under this claim. He is honest and forthright and I don't see any options other than the ones I posted with which he appears to agree.

Judy,
Rergardelss of his circumstances, Yes, he can and should have some sort of a signed agreement. There is no way I would give out any insurance information without contacting an attourney. The customer was forwarned of the situation. They wanted to save a buck, so it shouldn't be at his cost.

Quote:

Originally Posted by Sun will rise

Judy,
Rergardelss of his circumstances, Yes, he can and should have some sort of a signed agreement. There is no way i would give out any insurance information without contacting an attourney. The customer was forwarned of the situation. They wanted to save a buck, so it shouldnt be at his cost.

I see that the customer was warned that the repair might only last one season (not until the end of time).

Your policy of refusing to give out insurance information causes you and your customer to retain counsel. If you are sued, you are responsible for your client's legal fees due to your failure to provide the information.

Do you do the same thing if you're in an auto accident?

Thanks Sun and Judy
At this point I feel the customer is being unreasonable for turning down the remedies that were offered, so I am going to ride it out and call their bluff and see what happens, if it lands up in small claims court I will fight it there. I really don't think they will win a judgement any bigger than what I offered them already. Maybe Im wrong, we will see, but never again will I make this mistake and try to help someone save a buck.
Thank You again