ComplaintsforAmerican Leak Detection, Inc.

• Initial Complaint

  12/02/2021

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  On 10/1/2021 American Leak Detection - Palm Desert (ALD-PD) completed a pool leak detection service and marked a leak. On the basis of the ALD-PD report I hired Living Water Pool Care to perform the repair that involved first excavating at the area marked by ALD-PD. However, after extensive excavation all around the area marked by ALD-PD at a cost of $1250, no leak was found. I requested ALD-PD refund both the cost of their leak detection (which ALD-PD did) and the cost of the unnecessary excavation. I had been told that the cost of the excavation would be refunded, then that the refund was in process - I should be patient as it is a large amount. I sent a reminder email on 11/30/2021. Finally, today, 12/1/2021 I was informed that the cost of the excavation would not be refunded. I would appreciate at least a meaningful partial refund of the excavation cost.

  Business response

  12/10/2021

  BBB and ****** *******,

  American Leak Detection received a call from the homeowner about a detection needed for her pool.  Homeowner explained that she is adding more salt into the pool than usual. The CSR explained our services and price for the leak detection to the homeowner. A leak detection appointment was scheduled by the CSR for 10/01/2021 between 8am – 9am. Here is the Scope of work from that scheduling conversation from with the customer:

  Work OrderType: Request
  Pool / SpaLeak Detection
  Please call HO when in route ***-***-***** *Please obtain signed work auth before/after job. Residentia­l property with 3 baths. Home has a Pebble tech pool and spa, with one pump, one skimmer, and zero water features and pop up. HO does not know how much water she is loosing, she only noticed she is adding more salt to her pool than usual. Pool will be clean, clear and filled. Tech will meet Oroma. TECH TO COLLECT

   

  Work Ordered By:	Oroma
  Is the Pool & / or Spa Full/Clean/Clear? Heated?:	yes
  Detection or Repair Fee Quoted:	$350 hr/ $150

  Our technician Ken M. arrived on site to perform the leak detection at 8:22am.  The technician assessed the detection service that’s needed to be performed, explained the service he will be performing to the homeowner and had the homeowner sign a “Work Authorizations” (Attached) of the terms of our detection service and the quoted price for the service. Then the technician got started on his detection.  Here is the finding of the detection:

  DOM DET: Domestic Pool/Spa detection:

  Performed pressurized leak detection on return line, suction line, and jets, finding of loss on the pressurized plumbing system at this time. Lines were pressurized to 15 PSI for 15 minutes. Technician noted a pressure drop on the common return lines of the circulation pump at this time. All other lines passed testing at this time. Sonic detection equipment was utilized to locate the source of the leak sound. Technician marked leak at best sound with blue flag. Structure testing at light can, skimmer throats, return outlets, and intake inlets reveal no leak signs at this time. Technician plugged and isolated autofill finding it not to be leaking either. Total fee for detection $425.00.  Technician Ken McBride can be reached at (760) 567-8833

  Our technician located the best audible sound he heard with his leak detection equipment and marked that area on the return line.  The technician tested and confirmed no leaks were on the Suction lines, Jet lines, pool light can, skimmer throats, return outlets, auto fill system and inlet reveal no leaks at this time. The return line location was his best audible spot. Our technician had the homeowner signed our Work Authorization of completion after the detection was completed.  The homeowner now has signed the work authorization start signature that states:

  “I, ______________________________________, have read the above and understand the conditions applicable to the work to be performed and hereby authorize American Leak Detection to complete the above-described work, and agree to the charges and terms as described. Pursuant to Section 1689.13 of the California Civil Code, I acknowledge and hereby waive all rights to cancel the sale within three days.”

  Once the leak detection was completed the technician had the homeowner signed the completion signature which states:

  “The work is satisfactory and the charges are agreed. I agree to pay a reasonable charge for collection, including attorney’s fee, in the event of my default, as well as penalty interest of 1.5% per month, 18% per annum. Homeowners are responsible for all charges not covered by insurance company.

  COMPLETTION SIGNATURE____________________________________ PRINT NAME _________________________”

  An invoice of the service and pictures (Attached) were emailed to the homeowner which also states our terms and guarantees. Our leak detection as mentioned in our Work Authorization is guaranteed for 30 days from the original detection date.  The homeowner never called to have us come back out to identify the location per our guarantee to avoid digging a expensive trench. We abided by the terms of our Work Authorization 100% and gave the homeowner a full refund.

  The terms in our Work authorization that was signed before the work was started and after the work was completed that apply to this situation:

  A)     “American Leak Detection (ALD) is the leading leak detection company in the nation and we will, at all times, make every effort to accurately locate your leak(s) and ensure your complete satisfaction. However, leak detection is not an exact science and consequently, due to the numerous factors, known and unknown, involved in locating leaks, there will be times when the location of a leak is incorrectly identified. Most leaks will be located within several inches of their exact location but this can vary to within several feet, depending on soil conditions, construction methods, and other factors, known and unknown. ALD will not be responsible, financial or otherwise, for the possible inaccurate location of leaks due to the aforementioned known and unknown factors.”

  B)      ALD will not be responsible for any unavoidable or necessary collateral damage to property. ALD assumes no responsibility for the replacement cost thereof.

  C)      ALL DETECTION WORK IS GUARANTEED FOR A MAXIMUM OF 30 DAYS FROM DATE OF ORIGINAL DETECTION. THEREAFTER, THE NORMAL CHARGE WILL APPLY TO ANY WORK NEEDED. ALL PAYMENTS ARE DUE UPON COMPLETION. As a courtesy, we will bill your insurance but you are ultimately responsible for payment.

  D)     I UNDERSTAND THE SCOPE OF WORK AND HEREBY AUTHORIZE AMERICAN LEAK DETECTION TO PERFORM THE ABOVE WORK. Any unforeseen conditions found to impact the scope of work will be written into a change order for authorization prior to proceeding.

  E)      I, ______________________________________, have read the above and understand the conditions applicable to the work to be performed and hereby authorize American Leak Detection to complete the above-described work, and agree to the charges and terms as described. Pursuant to Section 1689.13 of the California Civil Code, I acknowledge and hereby waive all rights to cancel the sale within three days.

  F)      “The work is satisfactory and the charges are agreed. I agree to pay a reasonable charge for collection, including attorney’s fee, in the event of my default, as well as penalty interest of 1.5% per month, 18% per annum. Homeowners are responsible for all charges not covered by insurance company.

  COMPLETTION SIGNATURE________________________________ PRINT NAME _________________________”

   

  American Leak Detection position is we located a leak on the return line and gave a guarantee of location behind it.  If the leak is not at the location we marked we can come back and locate the leak under the 30 day guarantee. The homeowner asked for a refund for the detection and we gave the homeowner a full refund for the detection. Per policy for any refund we need to have a copy of the company that found the leak that shows we did mislocate the leak was not provided by the homeowner.  Even without that the manager gave a full refund for the detection. The terms of our work authorization will only allow a full refund for this service which was given.  American Leak Detection is not responsible for excessive trenching and the homeowner never showed ALD a report of the location of the leak was not at our location. 

  American Leak Detection prides ourselves on good service. We tried to do right thing for this customer. We abiding by our terms of our work authorization per Section 1689.13 of the California Civil Code.  This is the reason we get a signature before we start work and also after we finish a job to try to ensure customer know the terms of our services multiple times. Thank you for your time and we feel that we followed California’s Contractor law and you will side with us on this case.

  Sincerely,

  ***** ******

  Regional Manager/Operations Manager

  Customer response

  12/11/2021

   I am rejecting this response because: 

  1) When I notified ALD that the leak was not found at the marked location, I provided ALD with all the information they requested. Actually, ALD did not request a copy of any subsequent leak detection or final determination of the leak location.

  2) ALD refer to leaks being within a few feet of marked location - the excavation (which ALD states was excessive) was necessary to determine if the leak was within a few feet of the marked location.
  
  
  

  Business response

  12/17/2021

  
  

  Hello, 

  
  

  1) For refunds we request the invoices from the services that proves we were wrong with our location.  We did receive a excavation invoice which states nothing except they excavated a certain feet of trenching and never found anything.  So where was the leak at? As a company we do not have any evidence that the leak was mis-located so this is why our policy is we have to ask for the invoices related to our mislocation.  This way we know we were off from our original detection location.  In this case I just know another company trenched a area but no leak as found with no info of where the leak location was found to be and how far off our detection marked location was the found leak.  They could of trenched the wrong way or anything without evidence of the location of the mislocation.  That is why it is best to use our guarantee and have us right back out to confirm the leak per the contract the homeowner signed before we started the job, after we started the job and also on the invoice emailed to the homeowner. 

  
  

  2) Per HO response they state that "ALD refer to leaks being within a few feet of the marked location" We does it say that on our work authorization that the homeowner signed before and after the detection was completed? Eitherway per our work authorization we do everything we can to be as accurate as possible, but this is not an exact science as we are listening to audible sounds to confirm.  This is the reason American Leak Detection guarantees our work in case the worst case scenario that the leak is not where we marked it we will come back out at no charge to correctly locate the leak.  This is to back up with a guarantee our leak detection and also so they not just trenching or making holes everywhere to locate the leak which is inefficient and is a avoidable cost the customer doesn't need to pay.  Related to this case I will refer back to our Work Authorization it states again which states: 

  
  

  "we will, at all times, make every effort to accurately locate your leak(s) and ensure your complete satisfaction. However, leak detection is not an exact science and consequently, due to the numerous factors, known and unknown, involved in locating leaks, there will be times when the location of a leak is incorrectly identified. Most leaks will be located within several inches of their exact location but this can vary to within several feet, depending on soil conditions, construction methods, and other factors, known and unknown. ALD will not be responsible, financial or otherwise, for the possible inaccurate location of leaks due to the aforementioned known and unknown factors."

  
  

  American Leak Detection has been doing detection since 1976 and we do everything we can to not have homeowners go through difficult situations like this.  The guarantee insures this because we come right back out and locate the correct location.  Most times we even meet the contractor doing the job and we will expose the leak or stay onsite until the leak is exposed by the contractor at no charge under our guarantee. Per our policy I can not refund more then the fee paid we have given a full refund to the customer.  We should not responsible for the excavation because it goes against our signed legal work authorization which follows California Contractors law per our lawyer who wrote the work authorization and also our current lawyers on staff. 

  
  

  Sincerely, 

  ***** ******

  American Leak Detection

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