Pool & Spa Contractor Defect Demand Letters

[Date] Via Certified Mail and Email [Pool Contractor Name/Company] [Address] [City, State ZIP] Re: Notice of Construction Defects and Demand for Repair Property: [Your Address] Contract Date: [Date] Completion Date: [Date] Contract Price: $[Amount] Dear [Contractor]: I represent [Homeowner Name] regarding the swimming pool you constructed at the above property. Professional inspection has identified multiple construction defects that violate California Civil Code Section 896 building standards. This letter serves as notice of defects under SB 800 and demands immediate repair. BACKGROUND On [Date], you contracted to construct a [size] gunite swimming pool with spa, equipment, and deck work for $[Amount]. The project was completed on [Date]. Within [timeframe], my client began experiencing problems indicating defective construction. IDENTIFIED DEFECTS Inspection by [Pool Inspector/Engineer Name] on [Date] identified the following defects: 1. STRUCTURAL SHELL DEFECTS: Multiple cracks in the pool shell ranging from hairline to 1/4 inch width, indicating inadequate steel reinforcement or improper curing. These cracks are actively leaking. 2. PLUMBING LEAKS: Pressure testing revealed leaks in the main drain line and return plumbing, resulting in water loss of approximately [X] inches per day (approximately [X] gallons monthly). 3. EQUIPMENT PAD FAILURE: The equipment pad is settling and cracking, causing stress on plumbing connections and equipment alignment issues. 4. FINISH DEFECTS: The plaster/pebble finish is delaminating in multiple areas, creating rough surfaces that are unsafe for swimmers and will require complete refinishing. 5. DRAINAGE ISSUES: Deck drainage slopes toward the home foundation rather than away, creating water intrusion risk during rain and splash-out. 6. SAFETY VIOLATIONS: The main drain cover does not comply with Virginia Graeme Baker Pool and Spa Safety Act requirements for anti-entrapment, creating a serious safety hazard. WATER LOSS DAMAGES Due to the plumbing leaks, my client has incurred excess water costs of approximately $[Amount] over [X] months. Additionally, the pool has been unusable for [X] months during investigation and while awaiting repair. LEGAL VIOLATIONS These defects violate: - California Civil Code Section 896 construction standards - California Business and Professions Code (contractor licensing standards) - Virginia Graeme Baker Pool and Spa Safety Act - [Local jurisdiction] Building Code pool construction requirements - Industry standards established by the National Plasterers Council and APSP DEMANDS Pursuant to Civil Code Section 910, you have thirty (30) days from receipt of this notice to: 1. Acknowledge receipt of this notice; 2. Inspect the pool to verify the identified defects; 3. Provide a written offer to repair all defects in accordance with the standards of Civil Code Section 896; 4. Commence repairs within a reasonable time after acceptance. The repair scope must include: - Complete structural repair of all shell cracks - Locate and repair all plumbing leaks - Repair or replace equipment pad - Refinish interior surfaces - Correct deck drainage - Install compliant drain covers per VGB Act - Reimburse water loss costs of $[Amount] - Provide 2-year warranty on all repair work If you fail to respond, inspect, or offer acceptable repair within the statutory periods, my client will exercise all remedies under Civil Code Section 896 et seq., including filing suit for damages, diminution in value, and attorney fees. Contact me at [phone/email] to arrange inspection. Sincerely, [Attorney Name] [Firm Name] [Address] [Phone] [Email] cc: California Contractors State License Board [City/County] Building Department