Claims Van Kirk Pool Company Should Have Warned Over Material Used For $157,000 Pool Installation.
The swimming pool at 1000 Royal Palm Way is the subject of a lawsuit against Van Kirk and Sons. (Image courtesy Google Maps).
BY: LITIGATION DESK | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2023 MetroDesk Media, LLC) — A Boca Raton homeowner is suing Van Kirk and Sons Pools and Spas, claiming not just shoddy installation of a $157,000 pool, but that the pool company should have known that decking it proposed was “porous” and prone to algae.
Russell Berman contracted With Van Kirk for the $156,907 job back in April in 2020. Berman, who lives at 1000 Royal Palm Way, allegedly had issued throughout the installation. Once it was done, he claims the pool deck continuously displayed an orange tint. The problem: algae build-up, something he says he didn’t know was possible with the “Sienna Marble,” and unsealed stone.
BocaNewsNow.com obtained the complaint, which you can read in its entirety below. These are two paragraphs of note:
“Unbenknownst to Berman, the Sienna marble was an unsealed porous stone, prone to substantial discoloration from mold and algae growth, especially in the South Florida climate, and where the decking was installed over a sand base. Thus, the white with black accented marble quickly became brown and orange. Moreover, the shoddy installation became quickly apparent with large gaps between tiles, rip and tear damages, loose tiles and risers, and uneven installation.
Moreover, the installation process was a nightmare in that Van Kirk took more than six months longer than promised to initially complete the Work, continually ignoring calls and enquiries from Mr. Berman. Almost a full year later, the Work was still not complete and approximately 75% of the tiles were turning orange.”
There was no immediate response filed with the Palm Beach County Clerk of Courts by Van Kirk and Sons. Berman seeks compensation to be determined by the court. He is represented by Berman Law Group of Boca Raton.
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