Swimming Pool Expert Witness Watershape Consultant

"Failure to Notify" is an issue that arises in many construction defect cases.

What is failure to notify?  A contractor or subcontractor has the duty to notify the project owner of any deficiencies that they observe on a project.

This may even require notification of deficiencies that they observe that are outside of their trades, if they have personal knowledge of the error.

For instance...

• a swimming pool contractor who read the project's soils report, remembered that particular drainage details were specified behind retaining walls.  Yet he failed to notify the owner when he observed the landscape contractor omitting the drainage.
• an electrician installed the incorrect type of wiring in underground conduits.  The landscape contractor failed to notify the owner when he discovered the error while connecting landscape lighting.
• the stucco contractor failed to notify the owner that flashing around some windows was incorrect and proceeded to stucco anyway.

These are just some examples of failures to notify.  There are an infinite number of examples, because the work of many trades relies upon the workmanship of the prior trade.

The law is not trying to create a bunch of tattle tails.  It is just trying to ensure that the owner's interests are looked after.

It is also in a subsequent trades interest as well, as their work may rely upon the shoddy work of another trade.

Paolo Benedetti, Aquatic Artist 
You may contact Paolo Benedetti at: info@aquatictechnology.com or 408-776-8220 
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