Pool builder threatening to cancel contract

Wimberleygal

Member
Feb 22, 2022
5
Texas
Been 9 months trying to get a pool completed that was promised to be completed within 3 months. His contract states '10% Due Upon Completion (Project Is Substantially Complete and The System Is Running) and he is stating that as long as the 'pump' runs, the pool is substantially complete and he will not return to do anything until we've paid the final 10%.

- He has never been able to connect our pump to our Wifi. This means we cannot run our cleaner, run our waterfall, or our jets. He has opened a case with Jandy to connect our pump and he now refers to it as a 'warranty call'.
- We've never had Pool School - likely because we can nothing other than run our pump 24 hours a day. Thanks GOODNESS for Leslie's Pools to check our water and keep it perfectly balanced.
- The pool builder did a HORRIBLE job on the flagstone coping. He said he would need to 'upgrade' our flagstone if we didn't like the way he installed it and we agreed to pay extra. 1/2 of the redo is perfect. The other half looks exactly the same as the original install.
- 4 flagstones were not secured properly with mortar. His solution was the GLUE the flagstones down. Is this a standard practice?
- Rebar rusted in the back wall of our pool and the fix caused a huge hole. One of the items on the incomplete list is to redo the color.

We are working to get a pool expert here to review the status of our pool for a possible lawsuit but my main question is has this happened to anyone. Does 'Project is Substantially Complete and The System Is Running' mean the project is complete when the pump runs? I know if final payment is made I will never see this guy again and then it's a definite lawsuit. I'm trying my best to avoid that but he won't give an inch.
 

ajw22

Gold Supporter
TFP Guide
Jul 21, 2013
38,981
Northern NJ
Pool Size
35000
Surface
Plaster
Chlorine
Salt Water Generator
SWG Type
Pentair Intellichlor IC-60
Does 'Project is Substantially Complete and The System Is Running' mean the project is complete when the pump runs?

Your lawyer will need to tell you what that may mean for your contract according to Texas law. It is likely a judge will need to decide if it gets to one.

Sorry you are stuck with his.

Maybe we can help you get your pump and wifi going if you give us the details.

Pool Builders pool school is ususally worthless. I suggest you go through our Pool School and read...


Can't really help you with the flagstone problems and maybe show us pics of the rebar problem.
 

Jimrahbe

Mod Squad
TFP Expert
LifeTime Supporter
Jul 7, 2014
27,634
Bedford, TX
Thanks GOODNESS for Leslie's Pools to check our water and keep it perfectly balanced.
gal,

I would not count your chickens too soon if you are using Leslie's to tell you what is "perfectly" balanced. :mrgreen:

I'll let our other members talk about your pool status.

Keep in mind we do not give legal advice.

Thanks,

Jim R.
 

ajw22

Gold Supporter
TFP Guide
Jul 21, 2013
38,981
Northern NJ
Pool Size
35000
Surface
Plaster
Chlorine
Salt Water Generator
SWG Type
Pentair Intellichlor IC-60

guinness

Well-known member
May 3, 2019
1,211
California
Pool Size
23000
Surface
Plaster
Chlorine
Liquid Chlorine
Do you have the Jandy iQPUMP01 Controller? See post below for some ideas.

 

ajw22

Gold Supporter
TFP Guide
Jul 21, 2013
38,981
Northern NJ
Pool Size
35000
Surface
Plaster
Chlorine
Salt Water Generator
SWG Type
Pentair Intellichlor IC-60
Thank you! That sounds exactly like our problem!!! Now I just have to wait for Jandy to contact me because my pool builder has decided it's not his issue.

If you are not a DIY person you are going to need to find a local tech to work on your problem.

I don't know what you expect Jandy to do but they have no field service people. They will just refer you to an authorized Jandy dealer for assistance. Jandy's business model is to support their authorized dealers.

Maybe if you make enough noise you can get the attention of the Jandy regional rep for your area who services their dealers.

But I think you will discover Jandy consider their dealers their customers, not you.
 

Wimberleygal

Member
Feb 22, 2022
5
Texas
Well that's very interesting! My pool builder specifically said that JANDY warranty would be fixing the pump. It's been over 2 weeks and I haven't heard from anyone yet. What's more interesting is that another post referring me to the solution for why our pump will not correct. Shame our pool builder doesn't follow TFP to get answers :( I will contact Jandy directly and I will make sure that their dealer is clueless for how to resolve issues with their product and just left us hanging.
 

ajw22

Gold Supporter
TFP Guide
Jul 21, 2013
38,981
Northern NJ
Pool Size
35000
Surface
Plaster
Chlorine
Salt Water Generator
SWG Type
Pentair Intellichlor IC-60
Jandy Warranty means a local Jandy dealer who is authorized to do warranty work. You should find out who your problem was referred to.
 

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