On screen watermark of the a contract dispute often referred to as Lee v.sherman’s pools,think calm facts,clear stakes and a clean are from handshake to courtroom. It starts the way these stories usually do a backyard dream Lee hires Sherman’s pools to design and build an in ground pool and surrounding deck signed contract staged payment a completion date circled on the calendar early on things feel smooth permits get filled excavation begins rebar plumbing lines,shot Crete but then the gaps appear a rain delay pushes inspection. A subcontractor quits delivery dates slip Lee starts documenting-photos,emails,text,dates,always dates.money becomes the hinge the contract calls for progress payments-framing,shell,plaster,final.lee argues the second draw was requested before milestones were met Sherman’s man responds -hidden soil condition change orders and a clause about unforeseen site conditions.here’s the heart of the dispute-alleged defects and delays Lee points to uneven deeking,hairline cracking near the skimmer and a pump that cavitates under load Sherman’s point to passed inspections manufacturer specs and industry tolerances .both sides claim the contract is on their side when negotiation stalls, the paper trails matters Lee send a formal notice to cure- lists defects,sets deadlines cites the warranty sections Sherman’s replies with a plan drain ,grind ,replaster,re seat the pump replace two section of decking crews show up one ,then twice then not at all at this point,remedied narrow if there’s an arbitration clause it activates if not , your filing in court the pleading phase is simple on paper-Lee alleges breach of contract breach of implied warranty of workmanship may be a consumer protection claim for unfair practices Sherman’s answer substantial performance waiver change orders perhaps a counter down for unpaid balances. Experts step in an independent engineer core the deck,checks compaction,slope and expansion joints. A pool technician measures flow rates head pressure amperage draw and notes the plumbing layout Their report translate feelings into facts now, the legal frame : breach of contract-did one side fail to do what the contract required? Substantial performance-if most work met the standard is payment due minus the cost to fix?damages- repair costs,delay damages and incidental costs. Mitigation-did Lee act reasonably to limit losses settlement talks orbit these numbers fix the plaster re pour 120 square feet of delk, re plumb the pump line and a credit for delay versus releasing final payment