Constructing a pond with a liner can be fraught with potential issues that, if not addressed properly, can lead to costly repairs, legal disputes, and dissatisfied customers. Understanding the common liabilities associated with pond liner construction is crucial for avoiding these pitfalls. From leaks caused by wildlife to the challenges of repairing punctures, this article delves into the seven key risks and offers guidance on how to mitigate them effectively.
When Mr. and Mrs. McDowell from San Diego, CA, invested $255,000 in a pond and waterfall for their $14 million property, they didn't anticipate the complications that would arise. Within six months, their pond was losing over 150 gallons of water daily. The contractor blamed rodents for chewing through the liner, a detail supposedly covered in the fine print of the contract. After a failed repair attempt by another company and a $75,000 expense, the McDowells successfully sued the original contractor for not fully disclosing the risks associated with rubber liners.
Contractors may face lawsuits if they fail to address leaks not caused by the customer. An early detection of leaks can prevent major damage, but some contractors install auto-fill devices to mask the problem, leading to ongoing saturation and potential legal action.
Poor craftsmanship or heavy rocks can cause leaks within the first year. Statistics show that over 33% of waterfalls suffer structural damage within three years, and nearly one in three ponds leak within nine months of completion. Additionally, 27% of water features have improperly matched pumps, and 63% of DIY builders regret not seeking professional advice.
Finding leaks often requires removing all rocks, which can be cost-prohibitive. This can lead to lawsuits, bankruptcy, and a tarnished reputation for the industry.
Rodents and other animals can cause liner punctures, leading to property damage, including flood damage to neighboring properties and structural issues for homes.
Liners covered with loose rocks pose a risk of injury or drowning, especially for children and adults climbing on them.
Cutting liners for drains and skimmers increases the risk of leaks, compromising the watertight integrity of the liner.
The propensity for leaks and other failures can lead to exorbitant maintenance and repair costs, contributing to the downfall of many pond liner businesses.
To reduce misunderstandings and potential legal issues, contractors should include a disclaimer in their contracts. This disclaimer should clearly state that the warranty covers only factory defects and not damage from animals, sharp objects, or heavy boulders. It should also inform clients about the longevity and durability advantages of concrete and rebar ponds, despite their higher initial cost.
Offering a rebar and concrete alternative can alleviate the need for frequent repairs, and even if it's more expensive to locate and fix leaks, it's preferable to facing legal action or customer dissatisfaction. Transparency and education about the best construction options can help turn potential negatives into positives for both contractors and homeowners.
For more information on pond construction and maintenance, the National Association of Pond Professionals provides resources and guidelines to ensure quality and sustainability in pond projects. Additionally, the Association of State Dam Safety Officials offers insights into the broader implications of water feature construction and maintenance.
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