Calling all DIS Lawyers

[dejr_8]

Last summer I had a warranty repair performed on my pool - a computer board needed to be replaced. However, replacing the computer board did not solve the problem and the technician (from Pool Repair Inc) spent about 2 hours on the phone with the manufacturer (Pentair) doing trouble shooting.

Pentair only paid Pool Repair Inc for replacing the computer board and not the trouble-shooting. So now Pool Repair Inc is trying to collect for the extra time.

I have called Pentair and told them they need to pay for the extra time. They are telling me that Pool Repair Inc can't collect the extra money from me and Pool Repair Inc is saying that I am responsible for anything that Pentair didn't pay for.

I didn't sign any contract with Pool Repair Inc so I think I can ignore their request that I pay. Yes or No?

Thanks.

 

[legalsea]

Last summer I had a warranty repair performed on my pool - a computer board needed to be replaced. However, replacing the computer board did not solve the problem and the technician (from Pool Repair Inc) spent about 2 hours on the phone with the manufacturer (Pentair) doing trouble shooting.

Pentair only paid Pool Repair Inc for replacing the computer board and not the trouble-shooting. So now Pool Repair Inc is trying to collect for the extra time.

I have called Pentair and told them they need to pay for the extra time. They are telling me that Pool Repair Inc can't collect the extra money from me and Pool Repair Inc is saying that I am responsible for anything that Pentair didn't pay for.

I didn't sign any contract with Pool Repair Inc so I think I can ignore their request that I pay. Yes or No?

Thanks.

If you were in Texas, I would say: pay, for you would not want to risk having Pool Repair file a mechanic's lien against your property.

However, being in North Carolina (where a lot of the DIS legal questions seem to come from, for some reason), I have no idea.

That being said: I think you should go ahead and pay. It sounds like you got a new computer board for free (under warranty). The computer board, however, was not the problem. It appears, reading between the lines, that it was a problem not covered by warranty.

I agree that Pool Repair should have made it clear that they will have to charge you for the extra work that will be involved in trying to determine your problem. However, if North Carolina has laws that resemble Texas, then not paying could raise problems.

How much is Pool Repair asking for? Did they do any other work? Was the problem diagnosed?

 

[dejr_8]

If you were in Texas, I would say: pay, for you would not want to risk having Pool Repair file a mechanic's lien against your property.

However, being in North Carolina (where a lot of the DIS legal questions seem to come from, for some reason), I have no idea.

That being said: I think you should go ahead and pay. It sounds like you got a new computer board for free (under warranty). The computer board, however, was not the problem. It appears, reading between the lines, that it was a problem not covered by warranty.

I agree that Pool Repair should have made it clear that they will have to charge you for the extra work that will be involved in trying to determine your problem. However, if North Carolina has laws that resemble Texas, then not paying could raise problems.

How much is Pool Repair asking for? Did they do any other work? Was the problem diagnosed?

They are asking for $109.

My chlorine generator was not working. Through phone technical support between me and Pentair it was "determined" that a computer board was bad. That is why I had the repair visit.

When that didn't solve the problem the technician called Pentair to see what could be wrong. At the end of the day, it turned out it was a programming issue that solved the problem. The programming error was something that Pentair was not aware of and was only discovered as we trouble-shot my problem. The Pentair manual told me that I could program the system in the way that I did - that information was incorrect. That's why I think Pentair needs to pay for the time.

 

[legalsea]

They are asking for $109.

My chlorine generator was not working. Through phone technical support between me and Pentair it was "determined" that a computer board was bad. That is why I had the repair visit.

When that didn't solve the problem the technician called Pentair to see what could be wrong. At the end of the day, it turned out it was a programming issue that solved the problem. The programming error was something that Pentair was not aware of and was only discovered as we trouble-shot my problem. The Pentair manual told me that I could program the system in the way that I did - that information was incorrect. That's why I think Pentair needs to pay for the time.

I tend to agree that in that case Pentair should be responsible.

Do you have mechanic liens in NC? If so, be careful how you proceed. It may end up being safer to pay Pool Repair, then send the bill to Pentair (although I bet they will ignore it).

I imagine that Pool Repair will want their money from someone, and you are the easiest target. Good luck.

 

[dejr_8]

http://www.enotes.com/everyday-law-encyclopedia/contractors-liens

NORTH CAROLINA: All claims of lien must be filed in the office of the clerk of superior court in each county wherein the real property subject to the claim of lien is located. Claims of lien may be filed at any time after the obligation becomes due, but not later than 120 days after the last furnishing of labor or materials.


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The service was performed last August so it seems that Pool Repair Inc has no legal standing for a Mechanics Lean.

 

[dawson5]

Don't let them back on the property if this is the route you are going.

Our building contractor did this. We were trying to work out unfinished and damaged work, which he never took care of. We told him he would not get the overage ($3,000) until these things were done. We thought he was making an honest effort when he showed up with our window levers. It was a ruse to make the working dates current to place the contractor lien on the home. Judge was not amused.

We would have paid him if the damages were less than our overages. Our damages were in the $10,000 range, not including the labor.