Pool & Spa Contractor Dispute Letters

C-53 vs D-35: Who Was Actually Allowed to Build or Maintain Your Pool?

California has two distinct contractor classifications for pool and spa work. Understanding the difference is critical to challenging defective work.

C-53 Swimming Pool Contractor

The C-53 classification authorizes contractors to construct, install, and remodel swimming pools, spas, and hot tubs, including:

Excavation and grading for pools
Installation of pool shells (gunite, fiberglass, vinyl)
Plumbing and electrical work directly related to new pool construction
Decking, coping, tile, and pool finish work
Installation of pool equipment (pumps, filters, heaters) as part of new construction
Solar heating systems for pools

License Requirements: C-53 contractors must have 4 years of journeyman-level experience in pool construction, pass exams, maintain workers' comp insurance, and post a $15,000 bond.

D-35 Pool and Spa Maintenance Contractor

The D-35 classification is for maintenance and repair work on existing pools, including:

Installing, replacing, and repairing pool/spa pumps, filters, heaters
Above-ground pool and spa piping work
Electrical switches and controls for pool equipment
Pool and spa lights
Maintenance of existing solar heating systems
Chemical treatment and water quality management

What D-35 CANNOT Do: D-35 contractors cannot perform new pool construction, major remodeling, or structural work. If your "pool maintenance guy" built you a new pool or did a major remodel without a C-53 license, the work was illegal and the contract may be void.

Licensing Comparison Table

Work Type	C-53 Required?	D-35 Sufficient?	Notes
New pool construction	YES	NO	C-53 only; D-35 cannot build pools from scratch
Major remodel (replaster, retile, equipment relocation)	YES	NO	Structural/replaster work requires C-53
Replace pump, filter, heater	NO (if existing pool)	YES	D-35 can handle equipment replacement on existing pools
Repair pool light, add automation	NO	YES	D-35 scope includes electrical controls/lights
Weekly cleaning, chemical balancing	NO	YES (or unlicensed service)	Routine maintenance often unlicensed; repairs require D-35+

Why Licensing Matters in Your Demand Letter

If your contractor was working outside their license classification:

Contract may be void: Under B&P § 7031, unlicensed contractors (or those acting outside their classification) cannot sue to collect payment and may have to refund all amounts paid
No mechanic's lien rights: Contractor cannot file a lien for unpaid work if improperly licensed
CSLB violations: Working outside your classification is a disciplinable offense; complaint leverage
Insurance issues: Contractor's insurance may not cover claims for work outside their license scope

Always verify licensing at cslb.ca.gov before signing a contract and in your demand letter. If contractor was improperly licensed, lead with this: "You performed C-53 work with only a D-35 license, rendering the contract void under B&P § 7031."

Common Construction and Equipment Defects in Pools and Spas

Defect Type → Risk → Evidence Matrix

Defect Category	Common Issues	Risks/Consequences	Evidence to Gather
Shell Cracks / Structural	Gunite cracks, delamination, settling, heaving	Water loss, structural failure, soil erosion, undermining decking	Leak detection report, structural engineer analysis, soil/geotech report, photos of cracks, water bills showing loss
Plumbing Leaks	Underground pipe leaks, improper fittings, freeze damage	Water loss, sinkholes, foundation damage, high bills	Leak detection (dye test, pressure test, acoustic), repair invoices, water bills, photos of wet areas
Electrical Hazards	Missing bonding, improper GFCI, submerged junction boxes	Electrocution, shock, code violations, permit failure	Licensed electrician inspection, code citations (NEC Article 680), photos of electrical panel/bonding, permit records
Inadequate Drainage	Poor deck slope, no drainage, flooding issues	Water intrusion to home, slip hazards, deck damage	Photos during rain, video of standing water, drainage calculations, civil engineer report
Equipment Failures	Undersized pumps, poor hydraulics, repeated breakdowns	Cloudy water, algae, high energy costs, premature equipment failure	Flow/turnover calculations, equipment specs vs pool size, service records, energy bills, pool store water test results
Finish Defects	Plaster discoloration, scaling, rough surface, delamination	Aesthetic issues, premature re-plastering costs ($5k-15k+)	Photos, industry standards (APSP guidelines), water chemistry logs, expert plasterer opinion

Shell Cracks and Leaks: The #1 Dispute

Pool shell failures (cracks, leaks) are the most expensive and contentious defects. Contractors often blame:

"Soil movement": Claim expansive soils or settling caused cracks, not their work
"Acts of God": Earthquakes, extreme weather
"Homeowner abuse": Claim you drained the pool improperly or didn't maintain water chemistry

How to counter these defenses:

Geotechnical Evidence: Hire a soils engineer to evaluate whether soil conditions contributed to cracking. If soil was problematic, a competent C-53 contractor should have:

Performed soil testing before construction
Designed appropriate reinforcement (rebar, steel, drainage)
Warned you of soil risks and recommended mitigation

Even if soil is "bad," the contractor is liable for failing to address known risks.

Leak detection evidence: Pressure testing and dye tests can pinpoint leak locations (plumbing vs shell). This evidence is critical: "Leak detection performed by [COMPANY] on [DATE] confirmed shell leak at [LOCATION], not plumbing."

Equipment and Hydraulic Design Failures

Pool equipment must be properly sized and installed. Common issues:

Undersized pump: Can't achieve required turnover (entire pool volume filtered in 8-12 hours); results in cloudy water, algae
Oversized pump: Wastes energy, creates excessive pressure, shortens equipment life
Poor plumbing layout: Long pipe runs, too many elbows, undersized pipes = high head pressure, inefficient circulation
Inadequate filtration: Filter too small for pool volume

Evidence: Calculate required turnover based on pool gallonage and pump specs. Compare to actual performance (hours to clear cloudy water, flow rate measurements). Show contractor failed to follow industry standards (APSP guidelines).

Permits, Inspections, and Safety Standards

Code Compliance Is Non-Negotiable

Pool construction in California must comply with:

Building codes: Structural, plumbing, electrical permits and inspections required
National Electrical Code Article 680: Specific requirements for pool electrical safety
Barrier requirements: Fencing, gates, alarms per California Health & Safety Code § 115920 et seq.
Drain safety (Virginia Graeme Baker Act): Anti-entrapment drain covers required
Local ordinances: Setbacks, easements, HOA approvals

Unpermitted Work = Huge Liability: If your pool was built without permits:

You may be unable to sell your home without corrective action
Insurance may deny claims related to unpermitted work
City can order removal or require expensive after-the-fact permitting
Contractor violated the law; you have strong rescission/refund claims

Electrical Safety: The Life-or-Death Issue

Electrical code violations in pools can kill. Common violations:

Code Requirement (NEC Article 680)	Why It Matters	Violation Example
Bonding of all metal components	Prevents voltage gradients that can cause shock/electrocution	Rebar not bonded, handrails not bonded, no equipotential bonding grid
GFCI protection for all pool equipment	Trips circuit if ground fault detected, preventing shock	Pump, lights, or heater on non-GFCI breaker
Underwater lights: low voltage or GFCI	Reduces shock risk from failed light fixtures	120V light installed without GFCI or transformer
No overhead power lines within 22.5 feet	Prevents electrocution from cleaning poles contacting lines	Pool sited too close to power lines

Demand Letter Strategy: Electrical code violations are powerful leverage. State: "Your electrical installation violates NEC Article 680, creating life-threatening hazards. I have obtained a licensed electrician's report (attached) documenting [specific violations]. You must correct these immediately at no cost, or I will report to building department and pursue full rescission."

Barrier and Drowning Prevention Requirements

California Health & Safety Code § 115920 et seq. requires pools to have isolation barriers (fencing, gates with self-closing/latching mechanisms, or alarms). If your contractor failed to install compliant barriers:

You face liability if a child drowns
City can cite you and require corrective work
Contractor breached their obligation to deliver a code-compliant pool

Include in demand: Cost to install compliant fencing/gates/alarms, plus any citations or fines you've incurred.

Sample Pool & Spa Contractor Demand Letters

Sample 1: Pool Shell Leak – Structural Defect

[Your Name] [Your Address] [City, State ZIP] [Email] [Phone] [Date] [Contractor Name / Company] CSLB License #: [C-53 LICENSE NUMBER] [Address] RE: Demand for Repair of Defective Pool Construction Contract Date: [DATE] Property: [YOUR ADDRESS] Total Paid: $[AMOUNT] Dear [Contractor Name]: I demand that you immediately repair the defective pool shell you constructed at my property and compensate me for damages resulting from your substandard work. BACKGROUND On [DATE], I hired you under a written contract (Exhibit A) to construct an in-ground gunite pool at my home. The contract price was $[AMOUNT], paid in full on [DATE]. Construction was completed on [DATE], and the pool was filled and operational by [DATE]. Within [X MONTHS], the pool developed serious leaks. My water bill increased from $[AMOUNT]/month to $[AMOUNT]/month (Exhibit B: Water bills). I observed the water level dropping [X INCHES] per day despite no visible leaks in equipment. DEFECTIVE CONSTRUCTION I hired [LEAK DETECTION COMPANY] to perform leak detection testing. Their report (Exhibit C) confirms: 1. **Shell Leak:** Pressure testing and dye testing identified a structural leak in the pool shell at [LOCATION: shallow end wall / floor transition / deep end]. This is NOT a plumbing leak—it's a shell failure. 2. **Cause:** The leak is due to inadequate reinforcement and/or improper construction techniques during gunite application. I then retained a structural engineer, [ENGINEER NAME], who inspected the pool and provided a report (Exhibit D) concluding: - The shell exhibits cracking consistent with inadequate steel reinforcement - Gunite application appears to have been rushed, with evidence of cold joints and improper curing - No soil testing was performed pre-construction despite expansive clay soils common in this area - The shell must be partially excavated and reconstructed to effect a permanent repair Estimated repair cost: $[AMOUNT] (Exhibit E: Repair estimate from [POOL COMPANY]). YOUR BREACH OF CONTRACT AND NEGLIGENCE As a C-53 licensed contractor, you were required to: 1. **Perform work in a good and workmanlike manner** consistent with industry standards (Association of Pool & Spa Professionals guidelines) 2. **Properly design and reinforce the shell** to withstand soil conditions and hydrostatic pressure 3. **Conduct soil testing** or warn me if soil conditions posed risks 4. **Deliver a watertight, functional pool** per the contract You breached these obligations. The pool leaks excessively and requires costly reconstruction within [X MONTHS] of completion—clear evidence of defective work. DAMAGES I have incurred and will incur: 1. **Excess water costs:** $[AMOUNT]/month x [X MONTHS] = $[TOTAL EXCESS WATER] 2. **Leak detection costs:** $[AMOUNT] (Exhibit C invoice) 3. **Structural engineer report:** $[AMOUNT] (Exhibit D invoice) 4. **Cost to repair shell:** $[AMOUNT] (Exhibit E: Estimate) 5. **Loss of use:** I cannot use the pool during the [X WEEKS] repair period; loss of enjoyment and diminished property value **Total damages: $[TOTAL]** DEMAND I demand that you, within 30 days: 1. Retain a qualified structural engineer and pool contractor to excavate and repair the shell leak per industry standards 2. Pay all costs of repair (estimated $[AMOUNT]) 3. Reimburse my out-of-pocket costs for leak detection, engineering, and excess water: $[AMOUNT] 4. Provide a written warranty covering the repaired shell for 10 years Alternatively, if you refuse to perform repairs, I demand: - Full refund of all amounts paid: $[CONTRACT AMOUNT] - Plus my damages: $[DAMAGES] - **Total refund demand: $[TOTAL]** LEGAL CONSEQUENCES If you do not respond within 30 days, I will: 1. File a complaint with the CSLB for substandard work and failure to correct defects 2. File suit for breach of contract, negligence, and violations of B&P § 7159 3. Seek damages including cost of repair, consequential damages (water costs, loss of use), and attorney's fees 4. Record a lis pendens against your bond and pursue recovery from your $15,000 contractor bond 5. Pursue personal liability against you as the qualifying individual on the license This is a serious defect that has rendered a $[CONTRACT AMOUNT] pool unusable. Fix it now or face the full legal and financial consequences. Please contact me at [PHONE] or [EMAIL] within 30 days. Sincerely, [Your Signature] [Your Printed Name] Enclosures: Exhibit A: Contract Exhibit B: Water Bills (showing increased usage) Exhibit C: Leak Detection Report Exhibit D: Structural Engineer Report Exhibit E: Repair Estimate

Sample 2: Electrical Code Violations – Safety Hazard

[Your Name] [Your Address] [City, State ZIP] [Email] [Phone] [Date] [Contractor Name / Company] CSLB License #: [C-53 LICENSE NUMBER] [Address] RE: URGENT – Demand for Immediate Correction of Electrical Code Violations Contract Date: [DATE] Property: [YOUR ADDRESS] Dear [Contractor Name]: I demand immediate correction of serious electrical code violations in the pool you constructed, which create life-threatening hazards. BACKGROUND You completed pool construction at my home on [DATE] under Contract [NUMBER] (Exhibit A). Total paid: $[AMOUNT]. During a routine home inspection for refinancing, the inspector noted potential electrical issues with the pool equipment. I hired a licensed electrician, [ELECTRICIAN NAME] (C-10 license #[NUMBER]), to inspect the pool electrical system. LIFE-THREATENING CODE VIOLATIONS The electrician's report (Exhibit B) documents the following violations of the National Electrical Code Article 680: 1. **NO BONDING OF METAL COMPONENTS:** The pool's metal handrails, ladder, and pool light niches are NOT bonded to the equipotential bonding grid. This creates severe shock/electrocution risk. 2. **POOL PUMP NOT ON GFCI BREAKER:** The pool pump is connected to a standard 220V breaker with no GFCI protection. NEC 680.21 requires GFCI protection for all pool equipment. 3. **UNDERWATER LIGHT IMPROPERLY INSTALLED:** The pool light is a 120V fixture installed without proper grounding and GFCI protection. The junction box is within the 5-foot zone prohibited by NEC 680.24. 4. **NO EQUIPOTENTIAL BONDING GRID:** There is no evidence of a bonding grid (8 AWG copper) connecting all metal components and reinforcing steel as required by NEC 680.26. The electrician states: "These violations present immediate and serious risk of electric shock or electrocution. The pool should not be used until corrected." YOUR BREACH OF CONTRACT AND NEGLIGENCE As a C-53 contractor, you were responsible for ensuring all electrical work complied with the National Electrical Code and local building codes. You were required to: 1. Obtain electrical permits and pass inspections (you did not; Exhibit C: Building Dept records show no electrical permit for pool) 2. Install proper bonding and GFCI protection per NEC Article 680 3. Deliver a safe, code-compliant pool You failed on all counts. Your negligence has created a deadly hazard. DEMAND FOR IMMEDIATE CORRECTION I demand that you, within 7 days: 1. Hire a licensed C-10 electrician to correct ALL code violations identified in Exhibit B 2. Install proper equipotential bonding, GFCI protection, and relocate/replace pool light per code 3. Obtain required electrical permits and pass final inspection 4. Provide written certification from a licensed electrician that the pool meets NEC Article 680 5. Pay all costs of correction (estimated $[AMOUNT] per Exhibit D: Electrician's correction estimate) I will not use the pool until these hazards are corrected and inspected. LEGAL AND REGULATORY CONSEQUENCES If you do not respond within 7 days, I will: 1. Immediately file a complaint with the CSLB for substandard and dangerous work 2. Report unpermitted electrical work to [CITY/COUNTY] Building Department 3. File suit for breach of contract, negligence, and fraudulent concealment of code violations 4. Seek rescission of the contract and full refund of $[AMOUNT PAID] 5. Seek punitive damages for willful and reckless endangerment 6. Hire another contractor to correct violations and sue you for the cost plus attorney's fees Additionally, if anyone is injured or killed due to these electrical defects before you correct them, you will face catastrophic personal and criminal liability. This is not a negotiation. You created life-threatening hazards. Fix them immediately. Please contact me at [PHONE] or [EMAIL] within 7 days. Sincerely, [Your Signature] [Your Printed Name] Enclosures: Exhibit A: Contract Exhibit B: Licensed Electrician Inspection Report Exhibit C: Building Dept Records (no electrical permit) Exhibit D: Correction Cost Estimate

Delays, Change Orders, and Budget Blowouts

Progress Payment Rules Under B&P § 7159

California law regulates progress payments for home improvement contracts to prevent contractors from taking money for incomplete work:

Down payment limited: No more than $1,000 or 10% of total price (whichever is LESS)
Progress payments tied to work completion: Each payment must correspond to specific completed phases
No payment for unperformed work: Contractor cannot demand payment for work not yet done or materials not yet delivered (with very limited exceptions)
Final payment: You can withhold final payment until all work is complete and defects corrected

Red Flag: Contractor demands 50% down or large payments before work starts. This violates California law and often signals a contractor who will take your money and disappear or do shoddy work.

Change Orders: Protect Yourself

Pool projects often involve "extras" and change orders. California law requires:

Written change orders: All changes to scope or price must be in writing and signed by you
Clear pricing: Change order must state additional cost
No ambush charges: Contractor cannot unilaterally add work and bill you later

If contractor claims "unforeseen conditions" justify extra charges:

Demand documentation: Photos, engineering analysis, third-party opinion
Verify the condition was truly unforeseeable (not just poor planning)
Get competing bids for the extra work
Negotiate or refuse if charges are unreasonable

Delays and Liquidated Damages

Contracts should include start and completion dates. If contractor misses deadlines:

Check for liquidated damages clause: Some contracts include $ per day penalties for delays
Actual damages: You can recover costs caused by delay (e.g., extended hotel stay if pool was to be ready for summer event)
Breach of contract: Unreasonable delays are a breach; you may have right to terminate and hire another contractor

Documenting Delays: Keep a timeline with photos showing (lack of) progress. Note contractor's presence or absence. If contractor abandons the job for weeks, document this. Many contractors juggle multiple jobs; your timeline proves they weren't diligently pursuing your project.

Attorney Services for Pool & Spa Contractor Disputes

Pool construction disputes often exceed $50,000+ and involve complex engineering and code issues. I help homeowners hold contractors accountable and recover what they're owed.

Why These Cases Need an Attorney

High stakes: Pool construction/repair costs often exceed $50k-$150k
Technical complexity: Requires expert witnesses (structural engineers, soils engineers, electricians, pool forensics)
Code enforcement leverage: Building/electrical code violations create strong pressure for settlement
Contractor bond recovery: I can pursue the $15,000 contractor bond (and personal assets beyond)
Mechanic's lien risks: Contractors may threaten liens; I can fight or release liens through bonding

My Approach

Site inspection with experts: I bring engineers/pool pros to document defects
Permit and code research: Verify what permits were required/obtained; identify violations
License verification: Confirm contractor had proper C-53 license; identify any violations
Pre-litigation demand: Detailed letter with engineering reports, code citations, photographic evidence
CSLB complaint: File complaint for substandard work, creating regulatory leverage
Litigation: File suit for breach of contract, negligence, fraud; seek rescission or cost of repair

Submit Your Case for Review

If your pool has structural defects, leaks, code violations, or your contractor abandoned the job, I can help. Send me your contract, photos, and any expert reports for a case review.

Serving California homeowners. Contingency fees available. I fight for full repair or rescission.

Additional Resources

CSLB License Lookup: cslb.ca.gov
File CSLB Complaint: cslb.ca.gov/complaints
NEC Article 680 (Pool Electrical): Available through NFPA or local library