IG Vinyl Build: It's Happening!

**** Can’t believe I just realized I didn’t include the dig sheet with my letter. Not a huge deal, but I wanted to cover every possible avenue for PB to screw me over again. Oh well, life moves on I guess.
Funny(?) story: After months of trying everything I could think of to get a contractor to do the right thing, I finally had to admit Small Claims Court was the next step. I couldn't serve the court papers myself, and I wasn't going to pay anyone to do that, so I bothered my neighbor. I went with him, and it went OK. But on the way home I realized I had forgotten one page of the papers. So I had to beg the neighbor to go through all of that again. Which he did, but this time, for some strange reason, the contractor's door was locked and they didn't want to let me back in! Go figure. We stuck it to the front door and left. Oh well...

Well, not funny "ha ha"...
 
Funny(?) story: After months of trying everything I could think of to get a contractor to do the right thing, I finally had to admit Small Claims Court was the next step. I couldn't serve the court papers myself, and I wasn't going to pay anyone to do that, so I bothered my neighbor. I went with him, and it went OK. But on the way home I realized I had forgotten one page of the papers. So I had to beg the neighbor to go through all of that again. Which he did, but this time, for some strange reason, the contractor's door was locked and they didn't want to let me back in! Go figure. We stuck it to the front door and left. Oh well...

Well, not funny "ha ha"...
Definitely not haha funny but thanks for the insight. Hope I don’t have to go to court.
 
Well, 2 delivery attempts for the certified letter, no one at office for USPS to get to sign. Hopefully that means they’re working. We’ll see. 🤷‍♂️
 
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Well, 2 delivery attempts for the certified letter, no one at office for USPS to get to sign. Hopefully that means they’re working. We’ll see. 🤷‍♂️
Oh No Grimace GIF by It's Always Sunny in Philadelphia


Well that sucks. Fingers crossed they get it delivered today!
 
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I don't even want to think how painful the actual build for my pool will be. Certified letter to PB scheduled for delivery last Thursday, 6/23, just talked to USPS, they have no update for me other than out for delivery 🤦‍♂️ . I'm generally very impressed by the logistical hurdles USPS makes on a daily basis, but this letter only had to go about 3 miles! Looks like I'll probably have to send another one this week. Luckily, just 1st world problems at this point .:)
 
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so thought maybe there were some awards.
@akageorgi has to be in the top 5 (or better) with a 5 year epic journey.

 
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@akageorgi has to be in the top 5 (or better) with a 5 year epic journey.

That is one long build @akageorgi but bravo! Looks fantastic! Guess I should've went OB.

I pray I don't approach that 5 year epic journey, but I am approaching 2 years without moving a single spec of dirt 🤷‍♂️
 
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...so I think I may just let the certified letter slide. The USPS can’t tell me where it is, whether it was delivered or not, and I have not heard a peep from PB (if you were here you’d see my shocked expression) since my visit 2 weeks ago. As selfish as this sounds with all the problems in the world I will just keep praying God is present in PB’s life to have him do business respectfully going forward.
 
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@akageorgi has to be in the top 5 (or better) with a 5 year epic journey.

hehe still going...
 
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Just realized my contract lists "2021 seasonal closing" to include closing the pool after it's built. Oh wait, they didn't build it in 2021, and still haven't in 2022. It's going to be impossible for my PB to adhere to the terms of the contract. Wonder if that qualifies as a breach of contract that would allow me to get out of this contract entirely and have my money refunded. I've never thought of that as a viable option, but I'm beginning to think it ain't happening in 2022 if and it doesn't happen this year I won't have any expectation it ever happens. Not that I want to terminate this contract because that'll cost me at least another $30K most likely. Just thinking out loud.
 
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Just guessing about OH, but I suspect if you wanted out of this contract, you could get out of it. You'd probably just have to ask the guy, and he'd let you out. Or go to court and they'd let you out. Either way, you'd legally have a right to get your money back. And that would be the end of it (the contract, that is, not getting your money). Getting a judgement for the return of funds is one thing, collecting is entirely another thing. Whatever money you gave him is gone, spent on himself or someone else's pool. There are no wages to garnish, no bank accounts to seize. These guys live check to check, robbing Peter to pay Paul. He couldn't return your money even if he wanted to (which he doesn't). Then there is the matter of the legal fees, and the inflated amount of the next guy's contract (which I assume is what you meant by $30K). All speculation, of course, but probably accurate.

Sorry, it kinda sounded to me like you wanted someone to state what you already know, to remind you of why you have to wait it out. If it helps: he's not dead, he hasn't said he won't build your pool. So technically, things could be worse. I'm not trying to downplay how bad things are, how unfair, merely that you made a couple of unfortunate mistakes, but so far they haven't actually cost you anything. (I wish I could say the same for some past financial decisions.) On the other hand, cancelling the contract definitely will cost you something, probably a lot. Two bad choices, but you do have choices.
 
Just guessing about OH, but I suspect if you wanted out of this contract, you could get out of it. You'd probably just have to ask the guy, and he'd let you out. Or go to court and they'd let you out. Either way, you'd legally have a right to get your money back. And that would be the end of it (the contract, that is, not getting your money). Getting a judgement for the return of funds is one thing, collecting is entirely another thing. Whatever money you gave him is gone, spent on himself or someone else's pool. There are no wages to garnish, no bank accounts to seize. These guys live check to check, robbing Peter to pay Paul. He couldn't return your money even if he wanted to (which he doesn't). Then there is the matter of the legal fees, and the inflated amount of the next guy's contract (which I assume is what you meant by $30K). All speculation, of course, but probably accurate.

Sorry, it kinda sounded to me like you wanted someone to state what you already know, to remind you of why you have to wait it out. If it helps: he's not dead, he hasn't said he won't build your pool. So technically, things could be worse. I'm not trying to downplay how bad things are, how unfair, merely that you made a couple of unfortunate mistakes, but so far they haven't actually cost you anything. (I wish I could say the same for some past financial decisions.) On the other hand, cancelling the contract definitely will cost you something, probably a lot. Two bad choices, but you do have choices.
Spot on, thanks for confirming everything I was thinking. Just trying to prepare myself for the pool not to be built this year. As you said, I have choices, bad choices, but I do have choices. Still waiting for now. First world problems, I know.
 
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It's been almost a month since we last heard from you. Hopefully that's because you're busy with pool building activity? 🤞
Pool building activity...
Will Ferrell Lol GIF

Just been working on the 2 bad choices we went over a few posts ago. Trying to find a new PB I can trust (because I'm gonna be paying a whole lot more than I planned to 2 years ago) or determine if I can go OB (last resort) or actually have a conversation with my PB. All of my equipment (panels, liner, cover, pump/heater/filter) are all sitting in the distributors warehouse (only about 5 miles from my house). I've verified this in person with the distributor (Superior Pool Products).

Last conversation I had with PB on June 20th he said he had one pool to build before mine. I've got nothing from him since (and believe me, I've done everything but show up at his house) other than this e-mail on July 27th after multiple visits to his office where his office manager/cover seamstress is the only one there:

"I wanted to reach out to you before the day started. I am going to be on the road early. I will not be at the shop this morning. At this point, we have lost both sub crews, our in house excavators, and are down to 3 experience guys. We have only dug 1 pool so far this year. We are still working on closing contracts from last year. We are also overrun with service work. We are actively turning away service clients and new build customers.

I understand this has been a frustrating process. We can not physically move any faster. We are working 6 days a week at this point. Pushing us to start does not change the fact we are overwhelmed and short staffed. I refused to be the next person on the news for opening up sites, and not being able to finish the work. I apologize if my email is a bit short. I have been working myself to the point of exhaustion all season without a break. I have the "when are you going to be here" conversation on a daily basis. I am pushing 60 hour weeks to the point of ignoring my personal obligations. We are trying. I will reach out to you by the end of the week with an update as to where we are at."


Needless to say, he never reached out and he has been unresponsive to me every other way I have tried to contact him. Not sure how much longer this PB is going to be able to stay in business at this point. I am really grateful for all the support and insight on here. I've resigned myself to the fact I am not getting a pool in 2022 and even if I switch PB's maybe not in 2023 and I have no way to predict how things are going to end up with the current PB. Funny, everyone complains how much a PIA a swimming pool is (I've always thought they've been easy). However, now I think swimming pools are a PIA and I don't even have one! I'll keep you posted when the lawsuit is filed, I find a new PB, current PB actually does something, or I'm in jail for crimes against my PB ;)

Hope everyone is enjoying their summer!
 
His email is almost a standard form letter these days, as labor problems are the go-to excuse for just about everything. The problem is, it could be absolutely true! Kudos to you for staying positive and realistic. It's basically an "It is what it is." situation. The silver sliver (can't really call it a lining) is that he bothered to write at all. Many contractors wouldn't have. I do get a sense that his frustration and exhaustion are real, though I realize neither of those, nor my sense about them, is of any real use! Hang in there.
 
As I read his note, he's admitting an inability to fulfill his obligations under any agreement you both signed. I don't think he ends up building you a pool anyway, so perhaps use the letter as leverage to recover any advance payments and move on. (Not missing the pain of having waited as long as you have... didn't mean to sound matter of fact.)
 
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