New construction in Houston, Tx ** Trying to complete punch list**

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1) I went back and checked but I don't think you ever posted the initial quote with drawings or anything, but I think if you have the same drawings that were given to HOA/permit office and they're that off you have room to fight.

16) had the same problem for 2 days till the PB came out with his tool. He said sometimes plumbers will put like loctite on the plugs and make them a PITA to get out.

With that many problems they definitely wouldn't be seeing a final check from me till a solution/refund for #1 happened and definitely a repair for the spa waterfall.
 
spd500 said:
What is everyone else's experience with the final closeout of their pool contract? I am pretty sure the builder is going to want his final check on Friday when he comes to test the water and do the "Pool School", but there are several issues that I have with the build of the project as a whole.

1. Seems like my entire pool ended up 3' narrower than the drawing. In the drawing the narrowest part of my pool was to be 13'3" and it is actually only 10'. The deepend that was supposed to swell out from the 13'3" does not have a dimension in the drawing, but I would guess it should be 15-16', it measures 12'. Tanning ledge was supposed to be 7' x 10' and have enough space for 2 Ledge Loungers, it is 4' x 10'.

2. Bubbler was supposed to be on the front edge of the tanning ledge, it is in the center. So now I can't even fit one Ledge Lounger

3. Spa light does not work, he says he will look at it on Friday.

4. Water level in my spa seems to be too high, it is about an inch below the coping and when you turn on the blower it floods the yard behind the spa.

5. Waterfall is leaking into the pool. (supposed to have tile guy look at it next week)

6. Control panel for my automation system is not installed, says it is on backorder.

7. The concrete crew knocked the stone facing off of my firepit and it is completely gone, I will have to try to match it and buy more.

8. Sprinkler system is still not repaired correctly, have broken sprinkler lines in the side yard.

9. The concrete crew wiped my white travertine coping down with water that had concrete mixed in during their "cleanup" and it is not white any more in several areas.

10. White coping has grey grout and concrete on it in several areas, not sure how I will be able to get that off.

11. Still don't have all of the fittings in the pool for suction and return lines

12. Steps seem to be way too tall, probably should have been three steps instead of two for the 3'6" depth.

13. I cannot have my pool in a pool only mode. The water either goes all to the spa or half to pool and half to spa, there is no way to run the pool without the waterfall. We will not always want the sound of the waterfall, and it will evaporate alot more water and I will have to constantly add acid to offset.

14. I upgraded to the automated system only for lights and water features, but cannot control water features individually even though that was the purpose of the $2800 upgrade. I can have only one on, or both on, or both off, but I cannot have the second feature on by itself like we planned. We will need to rework the plumbing and add another actuator to fix this, and I am not even sure if there is space to do that with the plumbing configuration.

15. My gas is not completely installed to the meter yet. (supposed to have plumber again today)

16. Plug is stuck in one of my skimmers that he couldn't get out. (supposed to have plumbers again today)

17. My automation is not configured correctly yet, the only thing I can control is pump speeds and lights. (will look at this on Friday)

18. No overflow line to the deck drains.(says it wasn't in the contract)

I am sure that there are other things that I will find the more I am around the pool and equipment, so this list will continue to grow. Given the nature of several of these problems and the fact that so much can't be fixed I am honestly of the opinion that at this point he owes me money, not the other way around. Has anyone else had a situation like this? Overall we are happy to have the pool and will enjoy it, but I feel like we were taken advantage of. My wife thinks we will end up paying him to go away and fixing all the issues that can be fixed ourselves.
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Once the last check is written you have basically no leverage to get any items fixed. Not saying he won't fix them, but you don't have anything to force his hand. I'd hold off on the check and talk to him about your punch list and negotiate from there.

For the measurement issues, check the contract. Ours had specific language about compensation for measurements that weren't correct.
 
I have the drawings that he emailed me originally that were submitted for permits. I also have the drawing that was given to the gunite crew when they came out. During the dig I pointed out that the tanning ledge was not even close to what we wanted and the PB argued that it would be good. The other areas of the pool I didn't know were that far off, he dug the hole and did gunite the next morning.
 
Clearly a majority of your 18 issues are in the contract so you have the right to withhold final payment until operational. I feel you have a good list of discussion points and if he sits down with you in a peaceful manner he should at least provide an explanation as to why or why not he can address the issue. There have been in other construction posts where the PB is confrontational and that will not help you. Also, you need to stress that this is a lot of money and a plan was laid out that has some gaps in it. Maybe use the analogy would he accept a new work truck from a dealer with a missing taillight or a scratch across the hood?
 
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spd500 said:
What is everyone else's experience with the final closeout of their pool contract? I am pretty sure the builder is going to want his final check on Friday when he comes to test the water and do the "Pool School", but there are several issues that I have with the build of the project as a whole.

1. Seems like my entire pool ended up 3' narrower than the drawing. In the drawing the narrowest part of my pool was to be 13'3" and it is actually only 10'. The deepend that was supposed to swell out from the 13'3" does not have a dimension in the drawing, but I would guess it should be 15-16', it measures 12'. Tanning ledge was supposed to be 7' x 10' and have enough space for 2 Ledge Loungers, it is 4' x 10'.

2. Bubbler was supposed to be on the front edge of the tanning ledge, it is in the center. So now I can't even fit one Ledge Lounger

3. Spa light does not work, he says he will look at it on Friday.

4. Water level in my spa seems to be too high, it is about an inch below the coping and when you turn on the blower it floods the yard behind the spa.

5. Waterfall is leaking into the pool. (supposed to have tile guy look at it next week)

6. Control panel for my automation system is not installed, says it is on backorder.

7. The concrete crew knocked the stone facing off of my firepit and it is completely gone, I will have to try to match it and buy more.

8. Sprinkler system is still not repaired correctly, have broken sprinkler lines in the side yard.

9. The concrete crew wiped my white travertine coping down with water that had concrete mixed in during their "cleanup" and it is not white any more in several areas.

10. White coping has grey grout and concrete on it in several areas, not sure how I will be able to get that off.

11. Still don't have all of the fittings in the pool for suction and return lines

12. Steps seem to be way too tall, probably should have been three steps instead of two for the 3'6" depth.

13. I cannot have my pool in a pool only mode. The water either goes all to the spa or half to pool and half to spa, there is no way to run the pool without the waterfall. We will not always want the sound of the waterfall, and it will evaporate alot more water and I will have to constantly add acid to offset.

14. I upgraded to the automated system only for lights and water features, but cannot control water features individually even though that was the purpose of the $2800 upgrade. I can have only one on, or both on, or both off, but I cannot have the second feature on by itself like we planned. We will need to rework the plumbing and add another actuator to fix this, and I am not even sure if there is space to do that with the plumbing configuration.

15. My gas is not completely installed to the meter yet. (supposed to have plumber again today)

16. Plug is stuck in one of my skimmers that he couldn't get out. (supposed to have plumbers again today)

17. My automation is not configured correctly yet, the only thing I can control is pump speeds and lights. (will look at this on Friday)

18. No overflow line to the deck drains.(says it wasn't in the contract)

I am sure that there are other things that I will find the more I am around the pool and equipment, so this list will continue to grow. Given the nature of several of these problems and the fact that so much can't be fixed I am honestly of the opinion that at this point he owes me money, not the other way around. Has anyone else had a situation like this? Overall we are happy to have the pool and will enjoy it, but I feel like we were taken advantage of. My wife thinks we will end up paying him to go away and fixing all the issues that can be fixed ourselves.
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I wouldn't pay another dime until all fixed. I'm at a similar stage as you, albeit with way less issues, but I'm holding funds until everything is done to my satisfaction. You didn't buy the equivalent of a luxury car to have missing door handles, chipped paint, and a malfunctioning radio. You're protected by the contract so if it's in there just point to what was agreed. Best of luck!
 
HermanTX said:
Clearly a majority of your 18 issues are in the contract so you have the right to withhold final payment until operational. I feel you have a good list of discussion points and if he sits down with you in a peaceful manner he should at least provide an explanation as to why or why not he can address the issue. There have been in other construction posts where the PB is confrontational and that will not help you. Also, you need to stress that this is a lot of money and a plan was laid out that has some gaps in it. Maybe use the analogy would he accept a new work truck from a dealer with a missing taillight or a scratch across the hood?
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This is basically my plan. I will have to sit down with him and go over all of the issues and hope for the best outcome. My big fear in all of this is how he will react. I am worried that he will refuse to correct any of the issues without more money and we will end up in court. If that were to happen I would have to hire another contractor to come fix all the issues and that will be hard to do. Most contractors don't want to get involved in someone else's project that went badly. There is also the mention of expense of paying for the same work twice if it does go that way. We feel kinda stuck waiting and hoping that he will get the things that can be fixed corrected before we have that talk with him.

I feel more like my new work truck is missing the whole bed and someone took a hammer to the part that is there.
 
Ok, so exact phrase of the clause in the contract:
All pool and/or spa dimensions are approximate, with up to a 6" tolerance either way. Purchaser and Contractor agree it would be impractical to fix the actual damages in the event of any deviation in pool and/or spa dimensions greater than 6" deviation in dimensions. Therefor, liquidated damages for such greater deviations in the water surface area of the pool and/or spa as specified on the reverse side of the agreement shall be $12 per inch. The depth is determined by measuring from the top of the tile down to the top of the drain. Purchaser and Contractor agree that the pool and/or spa will be within 3/4" of being level. Purchaser and Contractor agree that it would be impractical to fix the actual damages in the event of deviation; therefor liquidated damage for such deviations shall be $25 per 1/4". It is a condition of the Contractor's obligations hereunder that the Contractor's pool consultant has not exceeded his limited authority to commit Contractor on price, time of construction, equipment or other material, term or condition of this Contract. Approval by and inspection by building department is deemed to be completion of that work in a workmanlike manner. Payment schedules must be met regardless of the over-all incompletion of the contract, or the necessity of repairing previously completed work.


Based on the exact phrasing of this clause I personally can only assume that "surface area" should be calculated in square inches, right? I am sure the builder will try to say that he meant that to mean inches in the width of the pool, and only want to pay for the missing 36 inches. 35 feet in length of the pool at 144 square inches per foot is 15,120 square inches, at $12 per square inch that would be $181,440. I really hope he is reasonable and this doesn't turn into a court case. What I really think is reasonable is to deduct the missing area at the same cost as was added per square foot when we lengthened the pool. This contract is a joke and any way that you calculate it someone is getting screwed over.
 
Writing..............get EVERYTHING in writing! Have a witness when he is there...........not a family member if possible but family will do if needed. I would print out that list and leave room for notes. Have only one copy out. Write notes on it and have his sign each and every area when you have talked about what he is going to do to make it right. THEN take a pic of it and send it to him to help him remember what he agreed to!

Or fly me out there to take him on!!!!! and I hate flying so....................I will be extra witchy with him!!!
 
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I agree, we will have to get a commitment to make it right from him in writing. Clearly he doesn't owe me $181K, and clearly it is not a $430 mistake on his part to have my pool so far off on the measurements. That will be the biggest issue.

Also just noticed these, when he did startup he started the water feature pump and programmed it to stay running 24/7. It wasn't until just now that I went to try to get the bubbler isolated, and finally turned off the pump that I noticed.

19. Bubbler installed is actually a return fitting with a smaller eyeball, not a flush mount bubbler fitting. This makes a toe stubber right at the entry to the pool.

20. Bubbler has no control for flow, or control to turn on and off other than the pump.
 
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It seems every pool build has problems. Things go wrong. Delays. It's so frustrating. I hope everything is resolved in your favor.

I just wanted to say, your tile, the color it is from a distance is gorgeous. And the pattern on each is like a wave, like an ocean wave crashing. It looks fantastic.
 

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Sollace said:
It seems every pool build has problems. Things go wrong. Delays. It's so frustrating. I hope everything is resolved in your favor.

I just wanted to say, your tile, the color it is from a distance is gorgeous. And the pattern on each is like a wave, like an ocean wave crashing. It looks fantastic.
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I am just ready to be finished with this whole process. Hopefully we can reach a peaceful resolution and move forward.

Thank you, but I can't take any credit for the color selections, my wife has a great eye for design and I usually leave those things to her. I do agree, the tile is beautiful and we really love it. I actually had envisioned doing the back wall in a material that would match our outdoor kitchen and firepit, but this looks even better.
 

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