Groves couple sues installers over problems with in-ground pool

Kelly Holleran Jul. 23, 2009, 9:22am

A Groves couple has filed suit against J&C Adventures, doing business as All Seasons Pools, Spas and Patio, alleging the company failed to properly install their pool.

David and Lawanna Miller claim they hired All Seasons to install an in-ground pool for them in the summer of 2007.

According to the complaint filed July 21 in Jefferson County District Court, the pool was installed after numerous delays, but portions of the project were not finished or satisfactorily completed.

"The pool was not of the quality represented to and contracted for by Plaintiffs and was not properly constructed, resulting in damages to the pool interior, including discoloration of the pool surface, staining and/or discoloration and cracks in the steps and 'tanning shelf,' and stains and a gap surrounding the pool's interior light," the suit states.

In addition, plumbing lines were not properly installed, which resulted in a continuous water leak which required the Millers to constantly refill the pool, the complaint says.

The Millers say the leak was eventually addressed, but there are still other leaks in the plumbing lines that are causing air bubbles in the pool liner.

Pool equipment also continues to have malfunctions because the back wall was not properly built, according to the complaint.

In an effort to resolve problems amicably, the Millers met with an All Seasons representative, John Hasselbach, at the Jefferson County Dispute Resolution Center, the suit states.

And although some problems were fixed, the Millers continue to remain dissatisfied because of the alleged stains, discoloration and cracks in the pool interior, steps and tanning shelf that are still not fixed.

Causes in the complaint include breach of contract, breach of implied warranty, breach of express warranty, negligence, fraud and violation of the Deceptive Trade Practices Act.

The Millers are seeking actual and exemplary damages, plus attorney's fees, costs, pre- and post-judgment interest and other relief the court deems just.

Kelly J. Stewart of McPherson, Hughes, Bradley, Wimberley, Steele and Chatelain in Port Arthur will be representing them.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E184-536.

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