Dream of pool becomes nightmare for Fayetteville family
FAYETTEVILLE, NC (WTVD) -- It was supposed to be a summer of fun; instead one local family still doesn't have the pool they've been dreaming of all season.
William Malave retired in Fayetteville after several tour of duties in the Middle East, and all he wanted to give his family was a pool. In April, Malave signed a contract with Parnell Pool & Spa to build an in-ground pool in his backyard.
"I wanted him to move the pool as close to the house as possible," Malave said.
As construction progressed, Malave paid Parnell Pool & Spa more than $32,000. About halfway through the construction, a rep with Duke Energy alerted Malave about a major issue.
"He told me about the power line easement, which is a 90-foot easement, 45 feet extends into my property," he said. "About a foot of the actual swimming pool encroached on the easement as well as the retaining wall which extends beyond the pool."
And the electrical easement isn't the only problem, there's also a drainage easement.
"There's only about 4.5 feet, there has to be 10 feet beyond the fence because of the easement," Malave said.
The city of Fayetteville got involved and issued a stop work order. William says he along with a rep from Parnell Pool & Spa met with the city to work out a plan; Malave says they were told the pool and retaining wall can't be within the easements.
"I expect Parnell Pool & Spa to fix what they did. I expect them to build a pool up to code. I have no problem paying for the pool, as long as it's up to code and constructed right," Malave said.
But an email from Doug Geibert a rep with Parnell Pool & Spa states, "Parnell Pool & Spa is not responsible for ascertaining encumbrances to your property, and based on that I have no legal liability and will not be relocating the pool an [sic] our cost."
In Malave's contract with Parnell Pool & Spa, it has a section in bold where it states in part, "Owner agrees to be responsible for the location and elevation of the pool," it goes on to say that there were no easements, and if any are discovered and additional work is necessary, the additional work shall be paid by the owner at contractor's cost plus 50 percent thereof.
Click here to read that part of the contract (.pdf)
Malave filed a complaint with the North Carolina Licensing Board for General Contractors. A rep with Parnell Pool & Spa told me Malave never notified them of any easements before construction and according to the contract he signed, the homeowner provides the proper plot plan, which he also said did not happen.
The rep added they offered in writing to remove all the materials and put Malave's yard back to its original condition. However, Malave hasn't responded as he says he'd still be out of the $32,000 he paid Parnell Pool & Spa.
"I spend 15 months in Iraq and 15 months in Afghanistan and when I look in my back yard it kind of reminds me of that. I don't live in a third world country but it kind of reminds me of that and it's depressing for myself and my wife and kids," Malave said.
The best advice, before you hire anyone to do work at your home, get your plot plan, and know your easements. Don't assume the company you're hiring will do it for you. Easements also come into play with fences, sheds, and other structures you may add to your yard.
