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The Seven Liabilities In Pond Liner Construction

    • 14 posts
    October 1, 2021 7:30 AM EDT

    The contractor was informed of the situation and responded immediately by arriving at their home to inspect the water feature. The contractor walked up the hill, inspecting the waterfall very carefully and then back down the opposite side and without hesitation, exclaimed that they had an infestation of rats and gophers living under the waterfall portion and had chewed holes in the liner. The owner's instantaneous response was,...and?, to which he retorted, "...didn't you read the small print in your contract pond construction?...that the liner was only covered for factory defects in the liner, not for holes chewed by rodents.

     

    Now, for the rest of the story... The "fit to be tied" McDowell's hires a second liner company to come and patch the leaks for the sum of $75,000.00. Because the liner had many two ton to 5 ton boulders sitting on it than were put in place by a 50 ton crane, there was no way to check every square inch of the liner so these pond liner construction experts spent two weeks painting around the base of every rock in the waterfall with Thoroseal, which not only looked ugly, but the falls were leaking worse than before within less than 6 weeks.

     

    The second company was down the road with their $75,000 with the same flimsy excuse that they couldn't guarantee the gophers wouldn't come back! The Owners sued the original contractor and won on the grounds He did not disclose all of the potential pitfalls associated with the rubber liner.

     

    Liabilities Associated With pond construction

     

    1. Regardless of what the contractor may think, he is subject to a libel suit if he does not correct any leaks in the pond liner, if resulting from anything other than by the fault of the customer. In most cases, if a liner leak is discovered early on, before the escaping water can cause any damage, there is unlikely to be any major consequences. However, it is a common practice in the industry for less than reputable contractors or pond builders without a license, to simply add an auto fill device in order to solve the leaking water problem. As a result, the client is oblivious to the fact their pond is leaking because the auto fill float is restoring the lost water, resulting in an ongoing saturation of the surrounding area.

     

    2. There is a high probability that a liner will suffer a leak within the first two to 12 months as a result of poor craftsmanship, improper installation or simply from the heavy weight of the rocks puncturing the liner.

     

    More than 33% of all waterfalls have serious structural damage within 3 years of its construction. 57% of homeowners say they're rather unsatisfied with the way their waterfall turned out- when the project was completed.

    Nearly 1 in 3 waterfalls and ponds are leaking within 9 months of completion.

    27% of all outdoor waterfalls and ponds have pumps that are mismatched for their applications, creating unnecessary expenses later on..

    63% of "do-it-yourselfers" said they wish they had the proper information from the beginning or they wished they had hired a professional.

    3. Due to the nature of the liner, it is next to impossible to find a leak without removing all of the rock from the waterfall and pond, which may be cost prohibitive, resulting in many pond liner contractors simply not addressing the situation. The result will be a lawsuit, bankruptcy, or a bad blemish on the pond liner industry. If the auto fill is turned off and the pond is allowed to leak, the water level will eventually settle out at the exact location of the leak. If the waterfall is turned off and the water level does not change, the conclusion is that it is the waterfall that is leaking, not the pond. This process quickly determines the general location of the liner leak.

     

    4. Many times, a liner failure due to rats, mice, gophers, ground squirrels, chipmunks, etc., may affect the surrounding areas, resulting in water damage to property. Flood damage to a neighbor's property can result in the undermining of the house's foundation footings or cracked patios and flooded basements.