Inside the Win – How to Beat a Bad Pool Company Without Going to Court.
A $50,000 settlement on approximately $19,000 in actual damages
A pool contractor’s employees flushed excess plaster into our clients’ sewer system during construction. Years later, that conduct contributed to blocked pipes and substantial damage. By the time recovery was being pursued, roughly nine years had passed since the work. The case faced a serious statute-of-limitations problem, and the actual damages were approximately $19,000.
The Moster Law Firm secured a $50,000 settlement through mediation, without going to court. That is more than two and a half times the actual damages in a case that presented significant obstacles from the start.
This result reflects what we have found to be essential to winning difficult cases: highly experienced, seasoned litigators who know how to build the case and pursue it with exceptional aggression. The other side must understand that the lawyers making the demand are ready and able to follow through.
The Pool Company Left a Problem Hidden in the Pipes
Our clients hired a company to build a swimming pool. During construction, the contractor’s employees improperly disposed of excess pool plaster by flushing it into the home’s sewer system. The consequences did not become apparent immediately. Years passed before the plumbing problems emerged.
By then, the homeowners faced blocked sewer pipes and the challenge of connecting the damage to work performed many years earlier. Establishing that connection was essential. Our attorneys developed the evidence tying the plumbing failure to the pool contractor’s original conduct and aggressively pursued responsibility for the resulting losses.
Creative Lawyering Confronted the Limitations Problem
The odds were long. Roughly nine years had elapsed since construction, and the case faced a potential four-year statute-of-limitations defense. That issue could have stood between our clients and any recovery at all.
We confronted it directly. Our attorneys combined the evidence connecting the damage to the contractor’s conduct with legal arguments addressing the timing of the claim. The delayed appearance of the plumbing problems made careful analysis of that history especially important. Creative lawyering gave us a basis to press forward and negotiate a substantial resolution despite the limitations risk.
For homeowners, the lesson is to obtain a legal assessment promptly. Texas law recognizes a narrow discovery rule that can delay accrual of certain claims involving inherently undiscoverable injuries. Its application depends on the law and the facts, including reasonable diligence; discovering a problem late does not automatically revive a claim. Different claims can also carry different deadlines.
A Battle Station Ready and Able to Fire
A demand carries weight when the adversary knows what stands behind it. We believe a litigation firm must operate like a battle station: prepared, organized, and ready and able to fire when the client’s interests require it.
The Moster Law Firm has 19 attorneys and litigates cases across Texas. Our demands are backed by the people, experience, and resources to pursue the dispute. We prepare to prove the client’s case, confront the defenses, and carry the fight forward when a reasonable resolution is refused.
In our experience, the other side often backs down and negotiates seriously once it understands those capabilities. That is why seasoned litigators can be so effective at resolving a case before it reaches court. Our adversary must know that litigation is a step we are prepared to take.
We don’t bluff.
We Pushed the Recovery Far Beyond the Actual Damages
The second challenge was the size of the loss. Our clients had approximately $19,000 in actual damages. We pressed for a resolution substantially above that amount, using the evidence, legal preparation, and negotiating pressure developed throughout the case.
The dispute proceeded to mediation, where the Firm secured a $50,000 settlement. That was approximately $31,000 more than the actual damages, or about 2.6 times that amount. The settlement demonstrates how experienced, aggressive advocacy can increase the value of a negotiated resolution even when the underlying losses are relatively limited.
Our clients obtained that resolution without going to court. The Firm’s preparation and aggressive negotiation turned a difficult claim, burdened by a serious limitations risk, into a substantial settlement.
Your First Step Costs Nothing
If a pool company has left you with defective work, property damage, or a problem that appeared years after construction, contact The Moster Law Firm for a free, hour-long consultation. Send us your contract, photographs, repair estimates, inspection reports, and communications so we can review the available evidence before the meeting.
We provide actual legal advice about the strengths of your case, potential deadlines, available remedies, and whether pursuing the claim makes practical and financial sense. If the facts support a strong case, we will explain how we would go after the responsible parties.
We are prepared to GO HARD. Visit www.themosterlawfirm.com to schedule your consultation.
Past results do not guarantee future outcomes. Each case depends on its facts, evidence, and applicable law.
