The pool floor has become uneven, first noticed in Dec, some parts up to 2cm difference. The estimated fix is $50k….! Not sure what to do. I can appeal the insurers decision, but proving it’s an “event’ eg earthquake, is going to be v hard. Can I sue the previous owners? Possibly the pool installers (2017) whoever they are? Get a 2nd opinion, speak to a lawyer…?
Any suggestions would be appreciated.
INSURANCE REPORT (abbrieviated) Builders Observations: In our opinion, the damages have been caused by a lack of subsoil which has caused the swimming pool to shift and sit 20mm out of level. We observed at this location the floor of the pool is uplifting. What caused the damage to the affected area? Due to poor compacting around the pool and overtime the soil is allowed to move freely, causing these sorts of issues to occur. How long has the damage appeared to have been occurring? In our opinion, the damages are not consistent with a one-off insurable event.
Additional: Continuing our inspection, we used a sounding tool to undertake a percussion test of the fibreglass swimming pool in its entirety and observed several areas of drumminess. (a hollow sound). We observed at isolated locations the pavers have sunk. It is our opinion that the drumminess we observed throughout the swimming pool and the sunken pavers are indicative of a lack of subsoil to these locations. Fibreglass swimming pool shells are flexible, however it is possible that when the subsoil shifts that cracks can appear. We did not observe any cracks to the swimming pool at the time of our inspection however, in its current condition the pool shell is under pressure and is at risk of stress cracking.
It appears that the insurer is clear on its position.
If you decide to take it further, it becomes a legal issue. Unfortunately the Community unable to provide legal advice. It is suggested that you obtain legal advice to whether there is any legal recourse with any other party.
It is worth reading the PDS associated with home insurance to see what is covered. Soil settling is often an exclusion. Generally there isn’t any recourse with a previous house owner as the buyer accepts the condition on sale (contract of sale). Whether there is a warranty through the pool installer is also worth exploring. Such information will be required when seeking legal advice.
What would it cost to lose the pool i.e. pump it out, take it out, and fill it in? (I have heard of people doing this.)
What happens if you do nothing?
Opinion about what? About what the problem is and what it would cost to fix? Yes, definitely.
Is it possible to apply a band-aid fix? i.e. costing less and extending the life of the pool but without fixing the underlying problem.
Maybe. It wouldn’t hurt to get an understanding of your legal position but it is doubtful that it would be worth your while to take it further.
Doubt that very much.
Maybe, but time is getting away from you and you may have a deficit of information. Who installed the pool? Are they still in business? Do they have any assets? What were the terms and conditions? Warranty conditions?
Another reason for the subsidence is that it could be from natural causes such as subsoil erosion over time. If this was the case it would be a natural occurrence that there would normally be no coverage for. This or any other cause would take specialised examinations usually by people such as structural engineers and those who specialise in soil mechanics, to ascertain.
No one here is qualified to provide the answers you seek, and as @phb has outlined this really has become a legal issue that you will need to employ someone with legal training and certification to support you.
We do provide some sources of free legal advice on this site that would be a starting point in your research.
The suggested cost is similar to that of a new pool (modest specifications) installed on a virgin site.
There is no need to share details of the proposed fix. Caution to ensure it identifies the true cause for the failure. Otherwise after great expense the risk of the problem reoccurring. There can be site geotechnical reasons for the failure unrelated to whether the original installation correctly followed standard procedures. There are specialists in providing geotechnical assessments of building and pool foundations, and providing recommendations for remedy. Hopefully you have sought appropriate advice and estimates from more than one.
As an aside to note many older land developments typically followed the natural contours of the site. Homes and other structures were founded on natural surfaces/strata. Modern estates typically undergo substantial earthworks. The surface layers are stripped back removing top soil before reforming to profiles more efficient for the redevelopment of the site. The site can have large areas overlayed with compacted layers of fill. Others cut back into subsoil layers. The assumption is houses will be typically slab on ground, and are subject to a geotechnical test/survey report for building approval. Not necessarily required for a swimming pool, but strongly recommended by those selling their services: Ground Subsidence in Swimming Pools - Forensic Engineers
Welcome @Brinkin, something to think about.
Is this a suggestion from prior experience? It may be a short term or more permanent solution. Without a more detailed understanding of why the problem exists, something to consider, if that is also the considered professional advice. Personal experience suggests one cannot discount ongoing settlement of the strata, water seepage destabilising the strata, winnowing along conduits created by rotting tree roots, or other?
Each site needs to be assessed independently and the rectification on its merits. One needs to treat the cause, not just the symptoms. It would be a relief for the OP if a reliable assessment supported a less expensive solution. To consider the average pool installer may find it convenient and lowest risk to offer nothing less than removal of the existing shell and reinstallation. Includes carrying out any remedial work evident through exposure of the original excavation. They may also suggest a new shell as a bonus hence providing a full new pool warranty for the satisfaction of the customer.
Possibly not something for the average home owner to undertake and most likely something the home insurance will not cover when it goes wrong. If using a business to drain and carry out any repair once emptied - to be 100% sure their business insurance covers all eventualities of unintended consequences - with no exclusions or qualifications.
Very easy job, check the water table so your pool does not pop, you should in any case have a one way valve in the bottom of the pool to avoid that, treat the symptoms or go broke trying to fix the cause.
