Cracked Pools and Concrete Cancer: Attorney David Wenholz Quoted in Texas Monthly

Concrete Cancer Crisis: How Attorney David Wenholz Is Fighting for Homeowners with Cracked Pools

For many Central Texas homeowners, a backyard pool is more than a luxury—it’s a symbol of accomplishment and a sanctuary for family fun. But for those affected by “concrete cancer,” also known as alkali-silica reaction (ASR), that dream has turned into a costly nightmare. A recent Texas Monthly article dives into this widespread issue, where swimming pools are plagued by spiderweb-like cracks that destroy structural integrity and leave homeowners in financial despair.

The problem, caused by a chemical reaction within the concrete, has impacted more than 250 pools in the region since 2017, with additional cases suspected. ASR occurs when alkalis in wet cement react with silicate minerals in aggregates like crushed stone, sand, and gravel. The resulting gel absorbs moisture, swells, and creates cracks that worsen over time, eventually compromising the steel supports within the concrete.

A pool in Austin with concrete cancer.

Addressing ASR requires using high-quality materials, such as nonreactive aggregates and supplementary cementitious materials like fly ash. However, in Texas, where reactive aggregates are common and fly ash has become more expensive due to environmental regulations, some builders have cut corners or failed to test their concrete mixes properly. The result? Pools that crumble within years, forcing homeowners to either pay astronomical sums to rebuild or take legal action against pool builders, concrete suppliers, or both.

Janell Gregerson, a single mother of four from Cedar Park, Texas, shared her story in the article. After spending $120,000 on her dream pool in 2021, it’s now an unusable hazard riddled with cracks, mosquito infestations, and structural instability. Gregerson, like many others, has found herself in a “blame game” where builders, suppliers, and homeowners argue over responsibility.

Enter Attorney David Wenholz, a construction law expert with The Law Office of Joel A. Levine, who represents over two dozen homeowners dealing with ASR-related pool failures. Wenholz explained the complexity of these cases:

“It’s devastating when you’ve spent six figures [on a pool], then you jump in, notice it’s cracking, it starts leaking, and you’re helpless. The pool builder is pointing the finger at the [concrete] supplier, and the supplier is saying, ‘We don’t have the resources to pay it; you need to ask your pool builder to contribute.’ The pool builder is saying, ‘We didn’t cause this.’ And we say, ‘Well, you built the pool. You warranted the pool.’”

The legal battle over who bears responsibility has escalated. In March 2023, the Texas Supreme Court consolidated over 100 lawsuits into a multidistrict litigation case to streamline pretrial processes and ensure consistent rulings. While some builders argue they were unaware of defective materials, critics suggest that greater education and due diligence could have mitigated the issue.

The stakes are high for everyone involved. Some pool builders have faced bankruptcy, uninsurability, and even threats of violence from frustrated clients. Meanwhile, homeowners are left with unusable pools and mounting repair costs, with replacements averaging $200,000 to $500,000.

At The Law Office of Joel A. Levine, Attorney Wenholz is dedicated to helping homeowners navigate these challenging cases. His expertise in construction law and commitment to securing fair outcomes make him a trusted advocate for those impacted by costly construction defects.

If you or someone you know is dealing with a similar issue, don’t wait to seek legal guidance. Contact The Law Office of Joel A. Levine today at 512-982-1510 for a consultation. Their team understands the complexities of construction disputes and is ready to fight for your rights.