You can contact the builder's insurance and file a claim.

Liability Insurance:

All contractors are required to maintain at least the minimum General Liability insurance coverage at all times to satisfy proof of financial responsibility.

The insurance must be at least $300,000.00 per occurrence (combined for property damage and bodily injury).
 
Best to seek legal advice right away even if you have to pay for a few hours of a good lawyer's time. Unfortunately in Texas I think you're going to find that your recovery options are very limited and so I wouldn't get my hopes up too much that you're going to get anything more out of this pool builder. This is a very difficult situation to be put in and the value of pools are right on the edge what's possible to recover versus how much money you'd lose to lawyer fees.

As well, trying to find a new PB to fix the screw ups of the previous PB is going to be frustrating ... not what you want to hear but best to realize it now. No tradesman EVER wants to inherit another guys mess as it puts them in the awful position of assuming someone else's liabilities. You may find that you will be talking to a lot of builders and none of them will want to help out. Just keep at it and you might find one willing to finish the job as long as you are willing to assume some of the risks.

Best wishes!
 
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