Contract law differs from state to state. But since you had a written contract, the contract can be ammended by both parties if mods are also written. The emails by the contractor can be considered binding, as well as your email response.

I do not see how the contractor can charge for the subpanel. They knew they needed it. Your respose should be "I will not pay for the subpanel. And oh by the way, complete the pool as we contracted, and if you can complete it and meet code without the subpanel, then great. If not, then you'll eat the cost."

-Gorilla

Follow-up...

Nothing is implied in a contract. My PB gave me a sample contract along with all other forms that we would have to sign (we are a few weeks out from signing).

One form was a fence/alarm addendum. If DW and I choose to install an alarm/fence, then we have to complete this form (basically states that we, not the PB, are responsible).

The contract has a line item stating that if for any reason the homeowners fail an inspection for the fence/alarm, then the PB has the right to bring in an outside sub to correct the action, and have the homeowner pay for it.

Hope this helps. Again, nothing is implied.

-Gorilla

Correct. PB should be as thorough as possible when trying to earn your business. Most PB have an "items not included" or "Items by Owner" area at the bottom of their proposal that makes you aware of things that are not included (or that are required).

Upgrading a service panel, or adding a sub-panel, is one that is rarely caught by many PB...unfortunately. Things that are required by code, should be discussed at least while signing the contract.

Like "gorilla" said, law is different from state to state, but if the contract is not paid in full by the consumer (in most states) the contractor has an open door not to finish all work contracted...legally.

I understand that nothing is implied. But then how do we as a consumer realize what is needed? If I understood a need for a pool alarm or a subpanel, I would have definitely discussed that before the signing of the contract. However, I did not know (ie, that is what we are paying the poolbuilder for is their expertise)... therefore there is no mention of it in the contract. The poolbuilder has feigned ignorance stating that she does not know until an electrician has taken a look (of course long after signing of the contract). Legally, who is required to pay for items that needs to meet the code but is not spelled out in the contract?

Also, my opinion is that the poolbuilder will not complete the remaining work that she agreed to do via email (but not spelled out in the contract). Is there a chance that I can be taken to court if I do not pay the rest of the due amount? Thanks!

Just re-read my sample contract (there were several parts). You have to read everything. For instance, in my sample contract, there is the section clearly stating what the PB is responsible for (left column), as well as the homeowner (right column). Easy to read, clear and concise.

However, that same contract has a backside... states in a paragraph that homeowner is responsible for supplying site access, water and erectrical so that the PB can construct the pool as defined in the contract. If my subpanel was substandard, then by wording in my sample contract, I would have to pay to upgrade it.

Lesson for all others: have your PB do the leg work before you sign the contract... make PB examine everything he needs (e.g. electrical, soil conditiones, etc) to limit suprises after construction begins.

-Gorilla

These little on contract / off contract issues ended up bringing my pool in $6500 over my orignal budget. A good pb will work with you on these and a bad pb knows from the begining he is going to stick you with these so he can squeeze every dime out of you possible and send you back to the bank. Keep a log of everthing and the conversations you have with your PB. Be prepared for the worst but when it doesn't happen you can relex. If you want to learn more just search the pharse concretehole or clearwater pools.

concretehole,

Can you list the $6500 worth of items you had to pay for? I am comprising a list of items to raise with the PB before I sign... just want to make sure I miss nothing.

Thanks...
-Gorilla