Abandoned Pool Build, Trying to finish

Taylor1584

LifeTime Supporter
May 13, 2011
183
Houston, Texas
Hi all,

The multi day pour was a result of my pool size I'm told. They did work until sundown on day 1 and then into the night on day 2. I can't say what should have been done differently and though it seemed a bit odd, I was assured this is normal.

It is in fact the neighbor's who referred the PB not the PB himself who's kids are at my house. I actually had a discussion with the neighbor's wife yesterday and let her know their kids were not welcome in our home anymore.

Not surprisingly, she told me I was throwing a fit because now the PB wants to charge me $3500 for the plaster finish requested and "we have expensive tastes" My side of that discussion shows we picked out the color in writing before signing the contract. The contract says "Pebble Sheen included" and we have 2-3 emails from her saying roughly, "oh sure, yeah all things Pebble Sheen are included don't even worry about that in the pricing." In the last month the tune has changed to roughly "the contract just says Pebble Sheen but does not specify a color. Ocean Blue is a level 2 and therefore we have to charge you. How was I supposed to know and it's not my faults it's an upgraded color and I can't control the pricing". Sheesh.

The neighbor's wife doesn't even know a fraction of the issues and she doesn't want to listen to them because "she doesn't do drama". OK

It is clear as day to me that this outfit is a problem. I have learned more about pool building in the last months than I ever cared to know. I've also learned a lot about the law, deceptive trade practices (civil and criminal), Texas Construction Trust Act, etc, etc. It is my plan to push for the maximum I can. Cash is an interesting challenge in these situations as it is a substantial outlay up front and potentially for years to get through the courts. Granted a victory in the end would repay those (some) costs. In my reading there is lots of commentary that most people let this go at a civil level once costs are recouped. While I have learned to never say never, I do not foresee dropping this one at that stage. That's just another factor I am evaluating in the grand scheme of getting this pool finished and working to ensure nobody has to go through this again.
I tend to agree with not dropping it at the civil level. Most contractors don't want to go through a suit, it then becomes a matter of public record. One thing I learned when the contractor is also the owner, sue both.
 

carx7

Active member
Apr 29, 2021
32
Austin Texas
Realistically your builder has made more on your build then any other build that he finishes. You've paid almost all moneys due but he's not delivered some of the most expensive parts like plaster and decking. So he's not going to care at all if you don't finish with him. Very sad he's the type of builder that gives the others a bad name. Find a good, aggressive lawyer.
Agreed. Being a first time pool builder I did see commonality from all builders big and small around requiring final payment prior to plaster. Seemed a like a big gamble to me, but since it was present with all builders I decided it was a "builders market"... Along the way I got numerous warning signs, but they always managed to do "just enough"...
I don’t know how close you were with the neighbors but what sucks more is that relationship has been crushed by this whole thing, and you still have to live there after this is all said and done.
Agreed. I severed tied with this last weekend. It wasn' t pleasant, but they didn't even take the time to listen to any part of our story. They very quickly jumped to side with "their friend the PB" vs "the neighbor" (me) they thought they would help. Zero accountability for their involvement from original referral to convincing me to allow cashing of my most recent check.
I tend to agree with not dropping it at the civil level. Most contractors don't want to go through a suit, it then becomes a matter of public record. One thing I learned when the contractor is also the owner, sue both.
Interestingly enough, their most recent attorney communication made commitments for work on certain dates which have come and gone. So far, the PB has not followed the first 3 actions in accordance with his attorney's formal communication to us.

It just all goes into the pile of data we've been collecting. I am currently out of town and looking forward to meeting with a new PB on Friday and discuss options to move forward.
 
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carx7

Active member
Apr 29, 2021
32
Austin Texas
Thought I would drop a quick update. I have spoken to several pool builders and a few plaster companies. I've found a single company willing to take on the project at this time and his estimate is $30-$50k to fix/finish what I have. I owe $8900 on my contract.

We continue to find misleading information about the equipment and installation on our job. We do have some minor gunite issues. We need another step. The spa plumbing is incorrect and likely to require tear out and complete rebuild of the spa if we want to use jets. The company is now claiming that their inclusion of the Paralevel auto fill 2x in city documents was a typo as was inclusion of my spa air blower in the same document. Can't help but laugh at this point.

They have committed and reneged on several commitments, several times even though their attorney. I did take to some social media with very directed posts at them showing what they are doing and they did finally show up at remove the pile of gunite that has been in the yard for 6 months now. Some progress!

At this time I am going through the formal motions to ensure I am protected for a future potential lawsuit. These guys are also blatantly lying to/through their lawyer. I can't say much more about that at this time, but it is UNREAL some of the things that I now KNOW they are doing. Sheesh.

14 months and counting. No end date in sight.
 

jamjam

Well-known member
Jun 25, 2020
614
NY
Pool Size
25000
Surface
Vinyl
Chlorine
Salt Water Generator
When you take it to social media try to keep your comments as devoid of emotion as possible and strictly factual with claims you can back up with data. People can tell who is telling the truth simply based on demeanor. This PB sounds like a POS - I would spend as much money as I could to inflict maximum repercussions on him.
 

Bperry

Gold Supporter
Aug 20, 2020
596
Knoxville, TN
Pool Size
27000
Surface
Plaster
Chlorine
Salt Water Generator
SWG Type
CircuPool RJ-60
Thought I would drop a quick update. I have spoken to several pool builders and a few plaster companies. I've found a single company willing to take on the project at this time and his estimate is $30-$50k to fix/finish what I have. I owe $8900 on my contract.

We continue to find misleading information about the equipment and installation on our job. We do have some minor gunite issues. We need another step. The spa plumbing is incorrect and likely to require tear out and complete rebuild of the spa if we want to use jets. The company is now claiming that their inclusion of the Paralevel auto fill 2x in city documents was a typo as was inclusion of my spa air blower in the same document. Can't help but laugh at this point.

They have committed and reneged on several commitments, several times even though their attorney. I did take to some social media with very directed posts at them showing what they are doing and they did finally show up at remove the pile of gunite that has been in the yard for 6 months now. Some progress!

At this time I am going through the formal motions to ensure I am protected for a future potential lawsuit. These guys are also blatantly lying to/through their lawyer. I can't say much more about that at this time, but it is UNREAL some of the things that I now KNOW they are doing. Sheesh.

14 months and counting. No end date in sight.
Curious how pool builds normally handle schedule delays. Of course there’s inevitable small delays, but there’s got to be a point where legally it’s just out of contract!
 

carx7

Active member
Apr 29, 2021
32
Austin Texas
Yes! No emotion. In fact they're pretty straight forward using quotes from themselves and images of their work. I think they were pretty self explanatory. I tried to removed the names a posted a few examples from my "presentation" of their work.

The city has been some helpful but also not. When talking to them they comments that the permit is good for 18 months.... LOL, who wants to build a pool for 18 months!!! I have a meeting with the lead building Development Services manager this week to see what else they might be able to do. Of the 6 people with permits from this PB in my city 2 have issues last longer than mine (but they are swimming), we make 3, and there is a 4th who is in a similar situation to us but 4 months less in their timeline. That makes 50-66% of customers with this PB in my small area with with major issues.

This last year has been a challenge with CoVid which has provided some people legitimate reasons for delay. This is well beyond that and we are continuing to collect examples of dishonestly. I think I finally got "the smoking gun" today. Waiting to hear back from my attorney.

I am finding that getting ANYONE to do anything to this pool is a serious issue. As we all know the industry is slammed and PBs are even less interested in engaging with projects like this one.
 

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