IG Vinyl Build: It's Happening!

I have no idea where my builder's priorities are! Project hasn't even started yet. Just got an e-mail asking what color I want my safety cover (I thought it was a good thing my builder also owns a company that manufactures safety covers). First off, the color of the safety cover is the least thing I'm worried about. How about actually getting a hole in the ground. Also, we are coming out of winter, not going into winter, so I ain't thinking about covering it, especially since I don't have it yet. Third, I made this selection on March 31st of 2021. Apparently, my color selection fabric is out of stock. How that can that be? Nothing on my build has changed since 3/31/2021. So it's been out of stock since I chose the fabric in March 2021 and it will still be out of stock in October 2022 when I'll actually need it. I am not going to enjoy this build.
 
...so I sent this below e-mail to my PB this morning, too forward?

"Sitting here on May 1st looking at cracks in my yard because it has dried out so much without any idea as to when our pool project might get started. If you are waiting on me for something, please let me know as I’m happy to do whatever is needed. If you’re waiting on something for Ramez’s project, please let me know. If there is something else involved please let me know. I would be overjoyed to get an indication of a start date as I sit here 565 days after committing to be your 7th build for 2021.

I plan to withdraw my money this week from my investments so I can pay you the money owed once the project gets started. If you aren’t close to being able to start my pool, please let me know so I don’t unnecessarily miss out on my investment earnings."
 
...Day One Response from PB after asking for estimated start after 565 day wait...
crickets GIF
 
If it helps any, my GC was onsite most of Saturday and i kinda wish he wasn't. I asked him when they were taking away the big chunks of concrete left from his screwup and he told me he had to check my contract to see if they were responsible for hauling them away.

I wove a tapestry of obscenity, that as far as i know, is still hanging in space over Lake Michagan.
 
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...Day Two (I don't really expect a response until I walk into the PB office on Friday and the very sweet office manager tries to apologize and make up for it
Dead Silence GIF by GIPHY Studios Originals
 
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Well, walked into PB's office today (there was zero response on my Sunday e-mail 6 days later). I didn't bring an axe, but one of the EE's had a 7 iron in the hallway for their entrance, thought about using that ;). Just so TFP moderators know, I know it's against policy to name PB's and trash them, but barring a drastic change in circumstance I will likely be doing that very soon. Unfortunately for me, the only other PB I would go to won't build anyone else's equipment and it would cost $20,000 more than it would've 2 years ago had I originally signed with him (not to mention another wait time).

...so PB wasn't there, just the office manager as expected. I brought her some Malley's (local chocolatier) choclate pretzels, which she loved. She probably gave me too much info as she confirmed everything for my pool is ready and has been ready. PB has already dug 3 other pools this year (WTF :mad:) and apparently I am never getting my pool built until my neighbor (who i referred to the PB) gets his stuff in order. I have no blanking clue when my pool can get built. I am waiting to hear back from my neighbor so I can help him finish his Crud so I can get my pool.

At this point, I don't even want this PB on my property, but I don't want to wait another 2 years, with a sunk cost of $13K and additional $20K that I can't afford. Oh, and to top it off, my PB no longer digs his own pools so who the jack knows who is going to be digging mine. I am completely not capable of a DIY, but I could've DIY'd this pool better. @Dirk you are my resident legal expert from what I see on here, is there any legal recourse? @jimmythegreek willing to do a project in Ohio :ROFLMAO:.
 

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@Dirk you are my resident legal expert from what I see on here,
Not at all, but I do play one on TV! I've taken the time (and stress) to go after others using legal remedies. And then I write about it here, that's all. I've won each time (but haven't always been able to collect). I've used demand letters, small claims court and my State's contractor license board. I've never used an attorney, nor Superior Court. But I'm in CA, which is very pro-consumer and has some very strict and all-encompassing contractor law that really helped my cases. And my damages in each case didn't exceed the Small Claims Court limit, so that greatly simplified things.

That's really your first step, is to determine what your damages are (or are going to be). Then that determines which court you'll be in, and whether you'll need an attorney or not. The amount of damages also helps you decide on what this is worth to you in terms of time and stress. Some of the cases I won were not worth it. Others were. I'm curmudgy enough to go after someone just for the principal, because while the stress is rarely worth it, the regret I would feel for not doing something would be worse (for me). You'll need to decide for yourself. Is the chance of getting a $2K check gonna be worth months of letter writing and a trip to court? Or are we talkin' five figures? And it's important to keep in mind that winning a court case does not mean you're going to get paid. That's a separate issue, and can be equally daunting. Here in CA, if you win a case against a licensed contractor, you can use the judgement to suspend his license. That puts him out of business until he pays. So that makes the success of going after a contractor more likely.

It sounds like you're in for five figures. So that's likely attorney-land. But if it's low five figures, sometimes only the attorney wins. Sometimes it's better to use small claims, even if the limit isn't going to cover everything, because of the difference you'll save not using an attorney. Ya gotta do the math (and stress is part of the math, as is likelihood of collecting).

I used the internet to figure out what I could and couldn't do, and how to go about it. Start there. See what you can learn about OH law and how you might leverage it. Do you have a state contractor's license board? Access to small claims court? If so, seek local small claims court advisors (here in CA they are offered by the State). Etc.

If your damages exceed the small claims case limit, of if you don't have small claims, then you're going to need an attorney, not me. But even if so, you can start with a demand letter. You can research what those are supposed to look like in OH. In CA they're suppose to contain certain components, which I learned about online. You can always hope that the demand letter, sent certified mail, is an eye-opener for the contractor, that you mean business. Squeaky wheel gets the grease dealio. That likely won't work, but you usually have to start with a demand letter anyway. Just be sure, if an attorney is in your future, that your demand letter doesn't somehow weaken your case.

Start documenting everything. Start communicating with him in writing only (no more casual visits to the office). You'll have to be able to prove what was said, when, by whom. Use Certified mail. Email is second best. Don't use texts. Don't engage him on the phone (avoid any unprovable he said-you said scenarios). If you do have personal meetings with the guy, have a witness present, someone not related or married to you. Have that person take notes. Follow up in-person meetings with a letter or email that recaps the meeting: "On such-n-such day/time we spoke about X and I said Y and you said Z." That sort of thing. Ask that he respond to emails with a reply, to acknowledge receipt. The first time he doesn't reply, stop using email and go to Certified letters only. He'll just say he never got the email.

Be prepared for a long haul. A lot of effort. And whatever stress this type of action generally brings you. Mine goes right to my gut, other folks are affected not at all.

That's off the top of my head. Good luck. Happy to help in whatever limited way I can...
 
Wow, that’s a mouthful. Thanks so much Dirk for the input and a assistance. Tons of good info there. As for the type of communication, I’m already at certified letter because the PB has proven zero capability to respond via phone, text, call or email at this point.

It sounds like I have a lot of research ahead of me:(. Not sure I’ll actually be able to go through with something of this magnitude, but good to know what I’ve got ahead of me if I do. Oh well, first world problems right!

God bless all 🙏
 
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Not sure I’ll actually be able to go through with something of this magnitude,
I did paint a pretty bleak picture. That wasn't my intent. I didn't want to discourage, or encourage, one way or another. I left out a couple of pertinent facts: I'm an ex-general contractor, so I already knew much of CA contractor law. That helped. And I've won a "free" re-pebble job of my pool, and in another case I had my home's attic insulation replaced. So while I previously stressed the stress, it did pay off, and I'd do it again. Plus...

The image of those two contractors begrudgingly writing those checks... priceless!
 
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after doing a tiny bit of research and sleeping on it, and I've been thinking about doing this for nearly a year because I don't trust my PB anymore: the supplier/distributor my PB uses is Superior Pool Products/SPP, location literally 10 miles from my house. I want to confirm they have all the equipment I'm supposed to have. Is it appropriate to contact SPP directly?
 
You don't exist in their business model. The PB is their customer and it's not their business what he does with 'his' supplies. The same goes for any wholesaler.

Even if they did share any of their customers info, any parts/equipment sitting there means nothing if the PB isn't going to touch it for 6 months. And if they don't have it, it's possible they could have it by the time it's needed in the build. Many things are back to a week or a couple of weeks for ordering. So either you don't get the info, or it's meaningless if you do.
 
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Thanks for the insight. I can understand that business model...but my name is on the Latham pool drawing SPP supplied to my PB. Also, according to one time my PB did talk to me, he said SPP asked if he still was using my heat pump and he told me he said to them look at the specs, my build calls for a heat pump. I know, take what PB says with the world's largest grain of salt :ROFLMAO:
 
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I can understand that business model...but my name is on the Latham pool drawing SPP supplied to my PB.
They know who you are, but you are of no concern as the customer's customer.
Ford won't talk to you about that Mustang 'you' ordered 6 months ago as the dealer may decide to sell it to someone else when it arrives.

But who knows. Maybe you get an employee who blabs when they shouldn't. 🤷‍♂️
 
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They know who you are, but you are of no concern as the customer's customer.
Ford won't talk to you about that Mustang 'you' ordered 6 months ago as the dealer may decide to sell it to someone else when it arrives.

But who knows. Maybe you get an employee who blabs when they shouldn't. 🤷‍♂️

Thanks for the insight. I can understand that business model...but my name is on the Latham pool drawing SPP supplied to my PB. Also, according to one time my PB did talk to me, he said SPP asked if he still was using my heat pump and he told me he said to them look at the specs, my build calls for a heat pump. I know, take what PB says with the world's largest grain of salt :ROFLMAO:
I can tell you from my own experience, i have called the supplier once and they pretty much hung up on me. They told be they only deal with PB directly. You could lie and say your PB told you to call and confirm or you are calling from his office but at end of they day it might make things worse, not worth it in my opinion. If it was me i would try to convince PB to start your project ASAP. Good Luck.
 

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