Aquarius Pools, Inc.

I'd like to remind this customer that we entered a contractual agreement for an agreed pool with agreed accessories.  If he, 1) makes changes to this agreement it changes the amount we agreed to 2)  this agreement was based on what we can see.    Under ground rock can not be seen,  which is why we have a "rock" clause in our contract. I tried  to communicate these changes to him ( especially after the "rock" situation),  but apparently I failed.It doesn't surprise me that we still don't agree.  I will again say that I will either 1)  get county inspection per his wishes 2) and/or  complete the few things left undone per our contract.  I will not pay him to bring in somebody who doesn't know what they are doing to do what he wants them to do.

This customer has been a good customer for a number of years  and I regret that our services offended or upset him. As I told him,  My guys are told to put things back where they find them or in a designated agreed area,  so leaving them in a chair or the yard was not...

permissible. There are certain things at certain times that we ask them not to put away.  I don't want my employees going through someone's house , or garage or even a shed unless we have permission.  Yes, I told this customer that these workers are good employees,  because they are. They have both been here for a numbers and this is the first complaint we've ever had on either one of them.Concerning the antifreeze bottle... They customer says he has never purchased anti freeze before because we have closed his pool every year.  This tells me that he has purchased anti freeze before because we use it on nearly every pool we close.  It is not usual for us to leave the empty container on the site or designated area to verify that it has been used. I really have no way of knowing or verifying this at this time.  I do know however,  that we don't use anti freeze to open a pool nor do we stock it on our trucks at this time of year. This bottle most likely came from his "tote" but I can't say that an empty container  of this alcohol based anti freeze didn't fall off the truck.In any respect, I told this customer that we would replace any damaged merchandise and to send me the vets report and bill and I would take care of it  ( yes, I may send it to my insurance company- that's why I have insurance.  Which , by the way,  I have never used in 44 years)My service manager apologized to this customer on the very first phone call.  If anything we did caused problems for him or his animals I'm deeply sorry.  I think however if these dogs would have been hurt or injured I would have heard about it by now.I stand by my original offer.  Bring me any and all damaged merchandise ( or set it aside and I will pick it up) and I will replace it.  Send me the vets information and fees and I will take care of it.

I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
I find it very sarcastic, that Mr. [redacted] believes he was “up front”, as basis for our disagreements lie mostly in the fact that he decided to charge me more “after the fact”, on multiple occasions.Number of emails does not guaranty quality of communication, especially if there is no will. As example, if we had discussed and agreed to rise the spa, and, thankfully, documented it in emails, but Mr. [redacted] insinuates that he never agreed to rise the spa, and only did it as “a good gesture at no extra cost”, I have a reason to doubt his honesty. Eliminating possibility of failing memory, as I have previously brought this emails to Mr. [redacted]’s attention. I do not believe it is fair or honest to agree to one price and then bill customer different, always higher price, time and time again.In my desperate attempt to have this project completed, I offered concession, almost a year ago, by sending a letter to cure, dated 6/3/2016. That letter was completely misinterpreted by Mr. [redacted], my request to complete the job completely ignored. Giving the history of our relation, quality of work delivered and attitude of Mr. [redacted], I do not feel comfortable allowing him to come on my property. Unfortunately I have too many reasons to be concerned. If in fact Mr. [redacted] is willing to complete the work, he did not do, and was contractually obligated to, he can only reimburse me for the cost of hiring someone whom I will trust.  
Regards,
[redacted]

We could go on and on about this.  The only thing we agree on is that we disagree.  I feel like I've been up front, fair and honest from the start but he disagrees.  With 134 e-mails between us you wouldn't think a lack of communication was the problem.  I am, and always have been,  willing to come in and finish  work on this project per our contract or I am willing to  abide by his wishes and get  township approval ( and he would accept things as is).  I am not willing to pay his ridicules demand for $10,000. Jared [redacted]

Again, I'm sorry for the problem here that apparently we created.,  however I'm confident that my guys did not spread these items around the yard as he might have implied.  We want to make it right and agree to replace any items that his dogs damaged.  I'm also confident that there was no Anti-freeze used at this time nor do we keep it on the truck this time of year.  Most likely this container was left last fall as proof that it was used ( it is an alcohol based anti-freeze, not petroleum ) However if there was any expense  in safe guarding the dogs,  I'm certainly onboard with taking care of that expense.  We want to do the right thing .  We did however complete the service we came there to do and do not feel that a refund of this cost is appropriate.

I've read the customers letter concerning her above ground pool.  Generally,  what she says is true.  We contracted to do an above ground pool with her.  We applied for a permit about a week before we were scheduled to start her pool thinking it would clear by the time we...

started. ( However,  I don't recall anything being said about her property being in the "flood way" which is quite different than in the "flood plane")  Because we were already late getting started we made the mistake of continuing the process figuring we would still get the necessary inspections when they were due  and not realizing that it shouldn't be built where it was.  I notified the customer as soon as possible (she was out of town at the time) and fessed up to the problem. I thought it was mutually agreed to let it ride for now and we would address it later...always with the intention making it right.  Yes,  I was upset that she contacted the county,   because it was my mistake and I wanted to be the one to contact them not her.With that said,  as I've said to her,  we will do whatever it takes to make it right.  I don't intend to debate what "he said,  what she said".   I gave her a price to make it an in ground last week,  which is the same price she would have paid had she ordered it as an  in ground pool  to start with.  Not a penny was added to take it down and rebuild it in the ground.  I talked to Ms [redacted] with the county to start the process and hope to meet other officials this week.

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]

March 21, 2017             Yes, we entered a contract with Mr. [redacted] on May 23, 2015.  The pool was to be started on or about July 27, 2015.  However, Mr. [redacted] did not live at this residence and he agreed to a later starting...

time.  Our contract included a custom 17 x 48 freeform pool with a “waterfall spa”, an auto cover, two heaters, 5 LED lights, in-floor cleaning, salt, automatic sanitation, automatic controls, roughly 600 square feet of concrete decks, normal excavation, as well as other pool accessories.               Since Mr. [redacted] did not live in this house (lived out of state) our communication was mostly by emails (I show 134 emails).               When I showed them a picture of the proposed pool, I showed many options items such as outdoor kitchens, extra decorative decking, different configurations of steps, etc. Many of which, we don’t even do.  It is just to give him ideas of what could be done.               I guess I did a poor job of explaining this because Mr. [redacted] and I never seemed to be on the same page.  He later “picked” the only stair configuration of the 3, I showed that cost extra.              Our contract called for a poured concrete deck but he decided later that he wanted to cover this with a veneer stone. Putting a veneer stone changes the elevation of everything.  So, I accommodated him by lowering the concrete and raising the automatic cover box so that it would work with his veneer. The “track” for the cover runs on top of the deck but he insisted that we finish the project without the rock in place.  The only way to do this was to install a temporary “bridge” to put the track on for now which would have to be removed & reinstalled after the veneer was in place. This requires extra time and materials to do this but Mr. [redacted] didn’t agree that this should be and extra expense.   The spa that was included is made to go in at pool level and overflow into the pool.  It was later decided to raise the spa, which I did at no extra cost, but this required a “wall” be built around it which was not included.  However, giving Mr. [redacted] the benefit of the doubt and never getting a choice of material from him, I poured a concrete wall around it that could be veneered with his stone.               While somewhat unique, this pool has 120 perimeter feet and is about 600 square feet of surface area and only 6’ deep.  Excavation of this pool would normally take about 8 hours to dig, 2 days to erect the walls and a day to trim, 1 to2 days to install the in-floor system.Instead because of the rock we encountered, it took 3 days to dig, 2 days to trim, 4 days to install the in-floor system.  Additionally, we had to drill for every brace anchor.  Again, Mr. [redacted] disagreed and since I didn’t use a hoe ram or dynamite it shouldn’t be extra.               Mr. [redacted] asked us to remove some old concrete steps and re-pour a new one to connect the house with the pool.  He agreed to the price. Somewhere before pouring these steps he asked for 2 addition steps.  Like the 1st set of stairs, this required jack hammering the old ones and forming and pouring new ones.  Again, I was told I was ripping him off and he would have “never agreed” to this price when he received the bill.               We were close to finishing the pool but it was January and very cold.  Since Mr. [redacted] did not live at this residence, it was decided to close the pool & spa rather than risk a problem by running the system through the winter.  Certainly, there were minor items yet to be done.  Some of these items are never done on a new pool till we open the pool in the spring.  Actually, a 2-man crew could have them done in several hours.  I didn’t hear from Mr. [redacted] again until memorial week, which is a very busy week in the pool business.  There was no way I could have dropped what we had already scheduled to go that far to start his pool up, because that happened to be when he was in town.  I was then told in writhing that “ I do not want you to do anything else for me, thus, I will accept the work as is”.               The only “pool” inspection left to do at the time was the “barrier” or final inspection.  His cover acts as a barrier so no final inspection is necessary other than verify that he has this cover.  The electrician must call for his own inspection.               I told Mr. [redacted] last spring that I’m willing to finish the small amount of work left to do, I’m still willing to do so if it still needs done.  I’m certainly not willing to give him $10,000.  I will however be willing to write off his remaining balance if, as he says, he will accept the work “as is”.     [redacted]

I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]

I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
These are photos of how items were located along with photos of parts they replaced and discarded along the edge of my yard and wood line.The brown pool box is where items were left to open pool. This is the location where they left the items last year when closing pool. The box was closed prior to arrival, but left open. This box would be virtually impossible for my dogs to open. The lounge chair beside the box is where the items were left.Regards,
[redacted]

Review: Signed a contract to have a swimming pool installed. This was done but contract stated that there would be no additional charges added unless agreed upon in writing and signed by both parties. When final bill sent there were excess charges of $4609 which were not agreed upon in the contract and were not expected. He saw the site before hand and agreed upon a price to install the pool then added extras for labor charges to the installation and completion of the project which were obviously needed to make the pool go in and look correct. This included backhoe, manpower, materials.

Original total was for $29,365. We paid this amount. We also paid an additional $2712 which we did verbally agree to. That leaves in question $2347 in charges which were not agreed upon or updated/signed in the contract.Desired Settlement: We have paid for the entire amount we were contractually obligated for and what we verbally agreed to. We ask that the remaining $2347 be adjusted to a zero balance.

Business

Response:

Yes, our contract does call for

all additional charges to be agreed upon by a written agreement. Quite frankly, in the over 40 years we have practiced,

we have never required or practiced this.

This would require additional meetings between us to execute which takes

time and cause delays and is inconvenient for the customer.

We always try to communicate

about all additional charges and I thought that I had done this in this case.

Specifically:

1.

We hit rock which required specialized equipment

to break up and remove. This possibility

was discussed before starting this project and our contract provides for

additional expense for this removal.

Excavation of this rock requires two things; breakup of the rock, and

removal of the rock. This customer paid

for breaking up of the rock but doesn’t feel he/she should pay for the removal

of this rock.

2.

We also encountered some very soft ground under

where our walls were to be installed.

This was fill dirt and would not support our structure. I informed this customer that it had to be

dug out and replaced. I recommended “flowable” fill concrete mix and gave them

an estimated price of the concrete. He/she paid this but not the machine and labor

cost necessary to remove this “slop” and pour the concrete.

His/her contract specified 8’ of

concrete on each end of his pool and 4’ on both sides. At his/her request, additional concrete was

added to one side of the pool and a step was built. They paid for the labor change to form the

step but don’t feel obligated to pay for the additional footage or material for

this.

When

rock is extracted it more often than not leaves a void that in this case, needs

to be filled in. We brought in gravel to

fill this in. This is part of the rock

removal but he/she doesn’t feel he/she’s obligated to pay this.

Most,

if not all of these changes were added at cost instead of the cost plus 20% our

contract called for.

There

were a number of things we did for them just to help them out without charge.

I

tried to communicate every step of the way but apparently could have done

better. However, they knew the rock

would be extra. They knew about the

sloppy soft ground that had to be dug out and replaced. They knew they were getting extra concrete

patio.

I

strongly feel the balance they are disputing is justified and should be paid.

Respectively,

Consumer

Response:

I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

[redacted] states that the charges are appropriate and I disagree still. Prior to beginning the project, we made it clear to [redacted] that we did not want any surprise charges and to discuss the charges with us. So when we got a bill that ad an additional $2509 over what we had agreed to in any way we were shocked.

In regards to the backfill. He estimated that the cost would be $3000 prior to bringing in the backfill which a good percentage of was needed as a result of his crew overdigging an area. [redacted] admitted this was true in our discussions. We filled in a large percentage of that overdig with rocks and he then told us that by doing so we had saved ourselves $900 by doing so. We had expected, therefore, a charge of $2100 when we got the final bill. It was, in fact, billed as $2550. We made it clear that he should have been responsible for a percentage of this and thought he might agree since it was his crew's mistake. He also put in a charge for $400 which he says was for a small trailer full of gravel which was brought in.

As far as the rock removal goes, we hired a person to come and but the rock ourselves We paid that contractor an additional $1800 separately to do this. As an 8 foot dive area was needed to be dug by [redacted], he had to had a backhoe to dig that. He did not mention any additional charge for digging out the diving pit. Since he could not dig out that deep of a hole with a skidsteer, we had no idea that he would charge extra for backhoe which he already needed at the site.

We also did not know and did not get measurements of any extra cement patio.

We received a handwritten bill. The summary of charges which we absolutely believe were not agreed to in writing, or even verbally, are:

5 hrs backhoe $425.

3 hrs manpower $162

gravel $400

130 sq ft cement $910

an extra $450 on the flowable fill

Since [redacted] brings up communication, I will mention our side of this. [redacted] stated when we signed that contract that our pool would be installed by June 15th after starting on May 25th and said he was giving himself an extra 2 weeks leeway to get it done in time. With excellent weather this Spring and little rain, we expected him there on time. He made numerous excuses about his crew being out and machinery down. He did not show up until the second week of June to begin the process. After the crew began working, we attempted to reach [redacted] on his phone multiple times and left multiple messages asking for him to return our calls. He would not do so. In fact, he did not even show or call for payments but had one of his crew collect that along the way and then mailed a final bill.

While there are unexpected expenses at times as these construction projects go along. We agreed to and were made aware of some and paid others separately but should not have been upcharged for things without our consent.

At this point, we do have questions about our pool that we feel uncomfortable even talking with him about. Our diving board is loose and a little crooked. It is the end of the season and we do not have our winter cover that was to have been included so that we can close our pool for the season.

When we sent a letter with our concerns, [redacted] returned a letter only demanding payment in full for all of these charges, ignoring his own contract and our request at time of signing the contract to only be charged/billed for expenses which were expressly agreed upon. I would have hoped that [redacted] would plan on having a contract that he would abide to and give a price that would include putting a pool in place that is done right, looks good, and falls in the agreed upon plan. That is why he inspected the site and sat down with us about the plan prior to starting. Hidden charges that he adds in to increase a profit are not fair when his contract is set to prevent such actions.

Regards,

Business

Response:

To Whom It

May Concern:

I don’t recall a job that has

been more disturbing or hurtful in my long career of doing this. I have tried to be upfront and honest with

these people since the start but have been repetitively shot down.

In regard to what he calls

“backfill”, which is actually “flowable fill”, he admits that I quoted him

$3,000.00 but only billed him for $2,550.00.

Seems to me that says enough. He

says his wife filled in a “large percentage of the over dig with rock” and that

saved him $900.00. I was just being nice

when I said that and patting her on the back for her efforts. It wasn’t meant to be serious. $900.00 of saving would have been over 9 tons

of rock _ A dump truck load_ does he really think she threw in a dump truck

load of rock by hand? How about the

backhoe time it took to dig this footer?

How about the labor to pour the concrete in the footer. I guess I’m supposed to include this because

I saw the site before we started even though this problem was not known about

until after the pools excavation was done.

Rock removal. The pool’s excavation had already been done,

by me personally except for the rock which my backhoe could not handle. Yes, he hired his own man to break the rock,

but I had to come back and dig out what he broke up. I guess I was supposed to include this

because I saw the site before we started.

Is there a problem with hand

written bills? We do it all the time.

Contract dates. We signed a contract on April 7, and a May 25

starting time was given. This date is an

estimate based on the jobs scheduled ahead of them. I give honest achievable dates but a lot can

happen before we get there. This customer saw this 1st hand…on this

job. We hit rock, which caused a

delay. We hit fill dirt that had to be

removed and replaced with concrete which takes more time. We spent 2 days adding a step down. We spent at least 2 days extra spreading dirt

he had hauled in. These unknown happens

on other jobs too. I had 2-5 men out

every day for 3 weeks in May (the equivalent of 2 crews or ½ of my work force). We hit rock on 2 other jobs. We had equipment problems the week before,

had 4 customers in a row that added things such as concrete deck, retaining

walls, etc. I’m not making excuses, I

telling them like it is. I’m sorry if he

don’t want to believe me, but that’s his problem.

To help facilitate his job, I

met with them on at least one Sunday if not two to mark the pool off and get it

ready. My crews worked on July 4th

which I paid them double time to do. We

spent our time to move a heat pump that they had brought somewhere else and

hooked up (at no charge) to their pool.

We spent at least 2 days spreading dirt with our skid steer (usually

done by landscaper) and did not charge them.

($900.00). WE moved their

fence material to help them which took

time. We did a lot of things to help

them without pay.

They sent me a letter (pretty

much like the two they sent Revdex.com), with a payment telling me why they weren’t

going to pay me the balance. I returned

a letter to them thanking them for their payment and explained my side. Then I get a Revdex.com complaint.

The comment made by this person

that bothers me the most is his comment about me not returning calls or showing

up on the job. I find this comment

unbelievable. I return each and every

call that I get a message for. Every single

one, especially from customers, “Didn’t show up on job even to pick up a

payment”? Unbelievable. There is only 2 payments during

construction. I interrupted their dinner

one night to pick up one of them. I

personally dug their pool. I checked the

job during and after rock removal. I

check the job after “slop” was dug and of foundation. I talked to them and quoted estimate to do

this. I spoke to them about the rock

removal. I spoke to them about having

enough dirt to backfill and grade. So

that we didn’t delay another day I personally poured the footer on the pool

walls because 2 of the crew had to leave early that day and I didn’t want to

delay another day. My concrete foreman

was out sick so I poured their concrete deck.

I checked the job while the bottom and liner was done. I was present during the backfill and

grading. No one was home when I was

there on liner day so I asked my foreman to pick up the check.

He said I charged him $400.00

for a small trailer load of gravel, that’s ridiculous. The $400.00 was for 20 tons of gravel hauled

by [redacted] to fill in the voids left by the rock removal. I did bring over 4 tons of gravel in a dump

trailer that was left over from another job but did not charge them one penny

for this.

I’m confident that I told them

it would cost $7.00 per sq. ft. for any extra concrete deck and that if we

poured over to their existing patio, it would cost extra. My foreman also said he mentioned it to

them. I think it was clear that they was

getting extra concrete and they needed to pay for it.

They “have questions about our

pool that we feel uncomfortable even talking with him about”. Wow _ twice they cancelled appointments with my

Service Manager to have a “walk through”. I told them to call us to set this up

at a convenient time for them. We have

never heard from them. All they have to

do is call and we will respond.

Yes, I inspected the site before

starting, but I don’t have x-ray vision.

I don’t know what’s under the ground.

I told them up front that hitting rock was a good possibility because

there was out cropping rock. There is no

way I could have seen or known about the fill dirt under where the pool’s wall

was to be installed. They knew they were

getting extra concrete patio. We went

out of our way to build them a quality pool that was “done right”.

They had brought a pool from

somebody else last year but told me he was a nightmare to work with and they never

finished the job. I’m beginning to

understand why.

I feel right is right. They owe me for the extra work we did. I’m willing to go to arbitration if that is

an option.

Sincerely,

Consumer

Response:

I have reviewed the response offer made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

I do not want this to turn into a battle of name calling, intimidation, or lies but Mr. [redacted]'s last response is full of misstatements, partial truths, and lies. He was very nice until contract was signed and after this became quite callus and then distanced himself from us. He knew that we expected, as his contract states, that we were to be informed upfront of any additional costs. We have been very willing to pay costs that we were made aware of at the time and, in our judgement have paid more than we should have in some respects.

I hate to go through this list of charges again because the facts are still the same, but I will address them again.

"Flow-able fill" We did pay $2100 for flowable fill because this is what we were told that we would owe as Mr. [redacted] told us that it was $3000 but that we had saved $900 by filling in a portion of the hole ourselves. We had nothing to go on but his words to us so that is what we agreed upon. This area which he said was "slop" and needed to be dug out and then filled per Mr. [redacted] was visible as it had been previously been dug out by a another pool crew. Mr. [redacted]'s crew, by his own admission, significantly overdug this area causing it to be much larger an area to fill than it needed to be. Three of us, including our 26 year old son spent half a day on Father's day placing large rocks in this hole and did fill a significant portion of the hole while our 8 year old son watched. We still were filling the next day as his crew showed up to start their work. We asked Mr. [redacted] at the time if he felt that he should be financially responsible for a portion of this fill as well as his crew had overdug the area. He brushed this aside and would not address it. Truly, we felt that we should have questioned a portion of this fee as well. Since we had agreed to $2100 and had not contested that amount any further, we did not push it any further. In retrospect, we wish we had questioned it further at the time.

"Rock removal" We paid for the rock to be broken out. Mr. [redacted] was going to have to have a backhoe to dig out whatever was in the hole rather it was digging out the rock pieces or digging out the dirt in the hole. He did not tell us that he would have a separate charge in addition to the $1800 that we paid to the separate excavator to break out the rock. Per his contract, we would have expected to be told in advance if he too would charge us extra at that time not at a final bill as a "surprise."

"Gravel" We were never told of any extra charge for gravel and did not ever see the 20 tons of extra gravel delivered. My wife was home throughout the process. Another "surprise" charge on the final bill.

"Contract dates" I do not feel this even matters any longer. Mr. [redacted] did not start or complete the project on time in spite of excellent Spring weather. I do not know the cause. In truth, it does not matter. Per conversations with his crew and others, I do still believe he squeezed in too many jobs before ours.

"Communication" Another moot topic. Despite Mr. [redacted]'s words. It is true that we were unable to reach him by phone or at his office for 2+ weeks during the latter part of the pool installation. My wife was home throughout the project. If he did show up on the site, he was quite well hidden and did not stop in to give any update on the project, answer any questions or even respond to message left for him on his voicemail. In fact, we finally had to ask someone else at his office to get us information about the electrical hookup which we were responsible for getting done and they had to find it. They stated that [redacted] generally got that information.

The crew did move a pallet of fencing material for us up a small hill with their bobcat as a favor so I did not have to hand carry it. It in no way took two full days of work to move around the dirt that was brought in. It was done at the same time as other work was being done. It was obvious at the time the contract was signed that extra dirt was going to be needed to make the back side of the area slope acceptable. This would have been part of installing the pool on that grade in my estimation and was discussed at time of planning.

We did not know of any extra concrete as it was discussed that we would have less concrete on one side as it was at the slope and there would not be room. We believed that extra was moved to the opposite side so that the concrete would meet up with our existing concrete patio which was the plan from the beginning of the project including the time of the contract being signed.

Mr. [redacted] told his foreman that he was absolutely not to install the heat pump as part of the project although the pump was right there and they would have to plum right next to it during their work. Therefore this was hired out as another separate job to be done outside of the contract with Mr. [redacted]. This was paid in full, separately, to the person who plumbed it.

I agree that pool was done very well. The crew did an excellent job and were very professional. The pool was done just as the contract called for. Our only exceptions to this are that the diving board is loose/crooked and we did not receive our lock in cover we need for the Winter which was in the contract. This is just what we agreed to in the contract which included the price we were expected to pay.

We did have a bad experience with a previous contractor who did not finish the project he started. In fact, he was tried in court as it was found he did not have a contractor's license and had illegally formed the contract then made changes on the contract fraudulently. We were repaid in full for the money lost in that case as he was at fault. I do not want to believe everyone in the pool contractor business is unprofessional or deceptive but one would begin to wonder with our two experiences.

All we have asked is that Mr. [redacted] live up to and abide by the contract that we signed with him. He knew of our worries regarding excess costs added in during the project and desire to be fully aware of any of these prior to proceeding from the beginning of our discussions. This is why we were very happy to see that his contract included a provision stating this is the way he would work. I do not understand why arbitration would be necessary to uphold Mr. [redacted]'s contract. He has not shown any concern to work with us or offered any solution other than for us to just pay these excess charges in full, without question.

Regards,

Consumer

Response:

I would not like my complaint ID [redacted], to be handled through and Arbitration Hearing.

Regards,

Review: • Signed contract on April 4, 2014 with contract start date on or about May 25, 2014 but owner assured me they should be starting a week early around May 18, 2014. I explained my sons birthday on June 16th and desire to have pool completed by then.

• At first of May, I contacted the pool company to ask about power line and if it needed to be moved to fit pool in my backyard. At this time owner came over and said yes we needed to get that completed prior to starting of pool. Through amazing efforts of [redacted] they came to change line at house on May 15th so we would not interfere with starting pool by anticipated date of May 18th.

• Pool wasn't started until June 3rd.

• Hole was dug for pool and sides were installed June 6th. Pool company had numerous extra large dump trucks on driveway to remove dirt that he was using on another job at lake to backfill for a customer. Owner came back by house after walls were being leveled to discover the pool was 4 inches higher than it should be. At this time, we discussed putting in a drain around pool as well as between concrete pads to offset rise and help with drainage. Owner discussed extra concrete to meet pads due to height and not wanting steps to slip on. Owner stated would only charge for concrete not finishing since they would already be here.

• I contacted pool company on June 10, to inquire about liner. Was told hadn't ordered liner yet and would take 2 weeks to get liner in. Advised this pushed us from making June 25, contract completion date.

• June 16th, pool workers hit gas line with pick axe. No one from pool company called me and typically my son and friends would have been inside house. Thankfully no one was home. Gas company turned off gas, fixed line and I was required to be home to turn gas back onto house. Owner stated was billed $2500 fee from gas company for this violation.

• Concrete pads were poured on June 18th. Required multiple concrete trucks and destroyed my four year old driveway. Owner stated this was not his responsibility and would not have put pool in if I wouldn’t have let him come on driveway. We stated he should have advised us he would destroy our driveway installing the pool.

• When finishing concrete the pool company removed silk fencing. On June 20, a rain storm came through valley and flooded my back yard as well as my neighbors yard and porch with muddy rain water. We took 2 days off work to landscape and purchased sod to prevent mud runoff on neighbors in future.

• On June 21st pool workers began installing bottom of pool but failed to finish before day ended. Another rain storm on June 21st caused ruts and grooves in pool bottom.

• On June 28th pool startup was performed. Brought to attention of pool worker the concrete flaws and missing rope and cover. Pool worker said he would relay message and never heard back.

• On August 20, 2014, power to house was down. Apparently pool workers hit moved line when installing drain and caused fault on line. [redacted] came to house at 11:30-2:00am and then back the next day to install permanent fix for line. Now my power line has three breaks in it whereas [redacted] typically only prefers to have two. [redacted] stated bill would be sent to pool company.

• On September 23rd, owner came by house to discuss dissatisfaction, stated he is not responsible for discolored concrete by steps and around edging, unfinished sides where concrete meets different pours of trucks or splashing of wet concrete onto already setup concrete. Also stated he was not responsible for any of my damage to my driveway. I asked about overcharge on extra concrete as I paid for extra concrete when contract signed, stated he would have someone come over to re-measure. Measurements on what concrete I thought I was paying for and what I signed were different. During concrete layout of pool I was actually going to remove the 8ft side and worker stated you paid for it you might as well keep it. I also questioned the concrete currently in the lip that the liner should slide into and to remove that as well as the dirt that is coming from the steps into the pool. Owner was going to check internet to look at possible fixes for concrete but doubted there was anything he could do.

• On October 3rd, pool workers came to close pool and forgot cover. The pool workers asked about plywood and 2x4 and stated that is how steps are covered. I explained I paid an extra $1000 for special pool cover. Pool workers stated I needed to pay an extra $400 for professional step covers that would be drilled into concrete and would take about a week to come in. I asked about green safety cover since they were drilling for the other cover and was told that would be an extra $1000 and would take about 3 weeks to come in.Desired Settlement: I would like the green saftey cover ordered and installed free of charge. I would like someone to attempt to correct the joints in my concrete. I would like my driveway repaired and paid by the pool company (estimate 4,400). I would like the remainder of my bill waived as the concrete discoloration is nothing that can be corrected now. An apology for all the inconvenience this has caused my family. I referred someone to your business prior to my pool being started and am thankful they did not have the problems I did as I take recommendations very seriously. I would not wish this experience on anyone.

Business

Response:

Yes, we entered a contractual

agreement with this person on April 4. I

gave her an “expected” start date for her pool.

This date is an approximate date based on our 42 years of

experience. There are many things that

effect this date…weather, ground conditions such as rock or water and

personnel. Also, sometimes the customer

adds to contract and sometimes we have to coordinate with other people or contractors

such as wall guys, utility companies, landscaper, fence companies, etc. Sometimes we have equipment breakdown. I give the best estimate of time that I can

and historically have been on or ahead of schedule 80% of the time. Just a couple weeks before this job we were

ahead of schedule and going good. Then

we hit rock on a job, hit a power line on another job that Miss Utility had

failed to mark twice then the flu swept thru our company where I had 2-5

men out sick every day for almost 3 weeks.

We use 3 men crews so basically I had 2 crews that did nothing for 3

weeks. It’s difficult to get anything

done without the man power to do it.

Building an in-ground pool

requires heavy equipment. I’m sure we

talked about this and was given permission to use the driveway to get to the

building site. This was the only way

in. We removed about 300 tons of dirt

which had to be hauled away. We were

given permission to do this; otherwise the job couldn’t have been done.

I’m not sure where the “4”

number came from. The pool was a little

higher (about 2”) then I expected but this had nothing to do with the drainage

problem. In fact, if anything, helped

it. If the pool was much lower in the ground then the home owner would have to

have built a small retaining wall to catch and divert water.

The liner had actually been

ordered when the pool kit was ordered but the customer had not picked out the

print yet, so it was put on hold. This

is my fault for not following up on this.

However, with the extra concrete she requested, weather and drain lines,

etc. , I don’t think it caused much delay.

Our contract called for 8’of

concrete on each end of the pool and 4’ on both sides. The customer mentioned from day one she may

want to pour concrete all the way to the existing patio (10-14’?). She knew this would be extra. It was her choice to move pool away from patio. If it had been 8’ away, no extra concrete

would have been necessary.

She also mentioned adding extra

concrete on the side of pool which required a good bit more digging and dirt

hauling as well as a normal forming and pouring. She knew this was extra, so I’m a bit floored

about her commit, about this.

Yes while re-routing downspout

and drain lines a Laborer hit a gas line.

[redacted] was called immediately and was on site within minutes. The gas line was only 6” deep and was hit

with a hand tool. I knew nothing about

the electric issue until the customer told me about it last week. We knew we were close to the power line but

didn’t know we had scraped it.

Certainly, I (we) take responsibility for that. All the lines had been marked but we had to

work around them to accomplish what was needed.

There was very little room

between the pool and the fenced property line.

Due to the elevation difference the silt fence got buried, so it was

removed. We didn’t think this would be a

problem at this point.

I meet with the customers to

discuss these issues and had intended to have my concrete crew go over there to

deal with some of these. However, the

head guy has been out of work due to some health issues. Today was his first day back after being out

for 3 weeks.

Included in their contract is

what we call a “LOC IN COVER”. This is

an excellent cover exclusive to [redacted] Pools, which in my opinion protects the

pool better than any other cover over the winter. The standard cover comes with a piece of

vinyl that covers the stairs but needs support, so we ask the home owner to

supply us with sheet of plywood to put under it. We would be happy to supply this but would

charge this for this. They now have an option with this. Fox now makes a “shield” to cover the stairs

and we give the customer this option at our cost. This was explained to the male customer prior

to coming over. Apparently, however,

this never got communicated to the female and she flew off the handle when my

guys came to put it on…which resulted in this complaint.

I admit that there are some

issues here that we take responsibility for and need to address. I would like to meet them again to see if

this can be worked out. My phone call to

them last week has not been returned.

Sincerely,

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. My pool has been closed, and I will wait for [redacted] to repair the concrete around the pool. When that is completed, I will consider this complaint resolved.

Regards,

Review: Pool company has opened and closed our pool for several years. On each year the employees has placed parts removed from pool in a pool tote which is approximately 5ftx3ft and is plastic. The tote is designed to be placed on a patio for storage. The company removed pool parts from the tote to open the pool on this particular day and then placed the parts on a chair beside the pool tote they left open. I have 2 dogs that were outside the entire time. the employees also left a bottle of pool antifreeze out. it is unknown if the bottle was empty. My 2 dogs chewed the pool parts and may have consumed the pool antifreeze. The pool employees also left other items out in the yard to include pool toys and floatation devices which were placed inside the pool pump enclosure prior to the arrival and work of the pool company.

I've contacted the owner of the company and he has advised that his employees are good employees and are not required to put pool parts away. After being advised that his employees have always placed the pool parts in the pool tote every year and also removed the parts from the same tote they left them in last year. According tot he pool company owner there is no way that his employee's left a bottle of pool antifreeze because it has not been on the truck for 3 months. After advising the pool company owner that I have never purchased pool antifreeze and have no need to purchase antifreeze because his company has opened and closed my pool since they installed it four years ago. The pool owner then advised that may be it feel off the truck and the bottle was empty.

The pool company owner was advised that there would be vet bills associated with the actions that his employee's did. The pool company owner asked why the dogs were taken to the vet. After being advised of the possibility of the dogs consuming the pool antifreeze and chewing the plastic pool parts. The pool company owner still failed to understand why the dogs would have to go to the vet.

Upon ending the conversation with the pool company owner he advised that just send the bills to his insurance company and that "I was making a mountain out of a mole hill".Desired Settlement: Refund, replacement of all parts damaged, any associated vet bills. Apology!!!

Business

Response:

This customer has been a good customer for a number of years and I regret that our services offended or upset him. As I told him, My guys are told to put things back where they find them or in a designated agreed area, so leaving them in a chair or the yard was not permissible. There are certain things at certain times that we ask them not to put away. I don't want my employees going through someone's house , or garage or even a shed unless we have permission. Yes, I told this customer that these workers are good employees, because they are. They have both been here for a numbers and this is the first complaint we've ever had on either one of them.Concerning the antifreeze bottle... They customer says he has never purchased anti freeze before because we have closed his pool every year. This tells me that he has purchased anti freeze before because we use it on nearly every pool we close. It is not usual for us to leave the empty container on the site or designated area to verify that it has been used. I really have no way of knowing or verifying this at this time. I do know however, that we don't use anti freeze to open a pool nor do we stock it on our trucks at this time of year. This bottle most likely came from his "tote" but I can't say that an empty container of this alcohol based anti freeze didn't fall off the truck.In any respect, I told this customer that we would replace any damaged merchandise and to send me the vets report and bill and I would take care of it ( yes, I may send it to my insurance company- that's why I have insurance. Which , by the way, I have never used in 44 years)My service manager apologized to this customer on the very first phone call. If anything we did caused problems for him or his animals I'm deeply sorry. I think however if these dogs would have been hurt or injured I would have heard about it by now.I stand by my original offer. Bring me any and all damaged merchandise ( or set it aside and I will pick it up) and I will replace it. Send me the vets information and fees and I will take care of it.

Consumer

Response:

I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

These are photos of how items were located along with photos of parts they replaced and discarded along the edge of my yard and wood line.The brown pool box is where items were left to open pool. This is the location where they left the items last year when closing pool. The box was closed prior to arrival, but left open. This box would be virtually impossible for my dogs to open. The lounge chair beside the box is where the items were left.Regards,

Business

Response:

Again, I'm sorry for the problem here that apparently we created., however I'm confident that my guys did not spread these items around the yard as he might have implied. We want to make it right and agree to replace any items that his dogs damaged. I'm also confident that there was no Anti-freeze used at this time nor do we keep it on the truck this time of year. Most likely this container was left last fall as proof that it was used ( it is an alcohol based anti-freeze, not petroleum ) However if there was any expense in safe guarding the dogs, I'm certainly onboard with taking care of that expense. We want to do the right thing . We did however complete the service we came there to do and do not feel that a refund of this cost is appropriate.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,

Review: I did not discover a charge on my visa bill until the end of May 2013 of $165. from Aquarius Pools on March 29, 2013. I called the company and they stated that the charge was for opening my pool. I informed them that they had not opened my pool. Then I did remembered two men coming to my door but I informed them they were not the pool company I used (this was sometime in April 2013). I told them I did not have an appointment with them and they left. I asked Aquarius Pools to show me a copy of the contract that I supposedly signed. They said they did not keep a copy and it was returned to me. I never saw a copy of any signed or unsigned contract and informed them of that. I had told Aquarius that I had been using another company for at least two years and they said maybe I signed their contract by mistake. The only contract I remember signing was with my current pool company. I don't know why Aquarius supposedly sent me a contract when I am not their customer (I had been unhappy with their service and told the man [redacted] when he asked why I left them). The man named [redacted] was rude and asked if I was getting a new liner, which I had told the men when I told them they were not my pool company. The only reason I told the men was at first I thought they were my company; then I noticed the man's shirt said Aquarius. I don't know why this was of any interest to [redacted]. I got the run around with him but when I finally did talk to a lady she said I had to pay the $165. because they came to open my pool. After awhile, I asked that they just credit my credit card since I had not received any service, nor did I know about any service from them. Aquarius insisted I owed them the $165. even though they had not opened my pool, nor had they done any work for me. She finally agreed to credit me $130. but she said I would have to pay a $35. fee for cancellation. I told her I did not think it is fair for me to pay any fee when I had no idea they were coming to open my pool nor did I have a contract.Desired Settlement: I think Aquarius Pools owes me the entire refund, which is a balance of $35.

Business

Response:

We have a “contract” service program that requires the customer to send us a signed contract, with payment for pool openings. In return, they get preferred scheduling, discount on service performed now as well as future service, plus a discount on chemicals purchased. The customer picks the week they want the pool opened and we pick the day. Each and every customer is called the day before so they know we are coming and when. There is no way we would schedule this person, nor would we even have had her credit card information without her input. She was indeed called the day before although we got an answering service. There is no doubt in my mind that this woman signed an agreement, requested service and we called to let her know we were coming. With that said, I’m not going to pursue or push the $35.00 travel fee. If she doesn’t agree or don’t wish to pay it, I will let her conscience be her guide and dismiss it from our books. Sincerely, Jerry Green

Consumer

Response:

Received check in the mail from the pool company. Thank you.

Review: In February of 2015 I contracted Aquarius Pools to build a FoxPool Ultimate above ground pool. These are not the rolled wall cheapie pools, these are full structures running about $15K. Due to the fact that my property lies partially in a FEMA floodway and partially in a FEMA flood plain, which makes any building difficult, I made certain that the contract involved getting permits for the pool and these issues were discussed at our first meeting.

The tentative start date for construction was mid-March, however due to weather and other scheduling issues it actually began on April 16th. Apparently they did apply for the permits on or around that time, but what they didn't do was wait for the permit to be approved. On April 28th the county informed the owner of Aquarius Pools that an above ground pool could not be built on that location due to FEMA rules. But the pool walls were up, concrete had been poured around the outside, the liner was in, it was three quarters full of water and my electrician was about to apply for the permit to do his work. I was away that weekend, but returned the call on May 1st, which was when I first found out about this issue.

Aquarius Pools' proposed solution was that he would withdraw the permit application, finish up the work on the pool, do the electrical work unpermitted, and then hope that the county would not find out about the pool. I have just finished building a house on this property - there is no such thing as hoping FEMA won't find out about your structure. They do aerial photography and they check it. FEMA is absolutely rigid in their rules and there is no negotiating with them. Whether it took them a year or two years or five, this plan would have resulted in the county/FEMA requiring me to remove the pool at some point. I have already paid $13K in cash for this pool, that money would be unrecoverable if I were to let it go for a few years after knowing that the pool was not allowed - I would be complicit by not saying anything and would have no legal recourse. And unpermitted electrical work is really not a good idea. What if there was a fire, would I be able to get insurance payments? What if I want to do other work on the house and they find unpermitted work?

When I told the owner of Aquarius that I was not comfortable with this plan and that we needed to own up to the county and see what they could do to work with us, he was very unhappy. He repeatedly told me that this was a bad idea and that we shouldn't do it. When I was adamant that this was the only route that I would accept, as it is the proper way to handle it, he said he would call the county when he had a chance. At that point the pool was three quarters full, there was no filter attached, the liner was covering the filter inputs and it was warming up. He said that he would have someone come out the next day to at least get the water circulating so that it wouldn't turn nasty. He did have people come out that weekend and bring in more dirt (which is still in piles in my yard in mid June) but they did not take care of getting the filter hooked up.

Sensing that there was no real hope that he would contact the county on his own after our conversation, I contacted them myself since I know the zoning board folks quite well after my house building process. They told me that the only hope for an acceptable solution for FEMA regulations was to convert the pool to an inground version. Luckily the pool that I purchased could be installed as either an above ground or inground pool. So on May 7th I called Aquarius to inform them of what the county said. The owner was not happy that I had contacted the county, but I felt that it was in our best interests to own up quickly. I do not like letting problems linger and hang over my head.

The owner of Aquarius Pools assured me that he would make it right and that he would quote me a price on converting to an inground pool that would take in to account the fact that not getting the permit was his mistake. He still has yet to quote me any price. He said that he hoped that the county would allow him to just convert the pool in the fall during a less busy season. I told him that might be possible, but that he needed to contact the county as soon as possible to be sure that they were OK with that. To use the pool in the way it currently sits requires me to build a deck, that will just have to be torn down when the pool is put in the ground. I am not going to risk even more $$$ on a deck that they could also tell me to tear down tomorrow if there is no agreement in place with zoning.

During the May 7th conversation I also reminded him of the fact that the water was still stagnant and not circulating. He did send someone out to get the water going the next day.

On May 29th the owner of Aquarius called me to ask how it was going. He seems to think that because the pool is "usable" that everything is fine. My pool is only accessible via a stepladder - the walk in stairs are hanging five feet in the air and you can't use and over the wall ladder due to the concrete. My son is severely disabled and I cannot carry him up a stepladder so he has no use of the pool at the moment. As there is still no agreement with the county I have not been able to build a deck, and the more I have thought about it, the more I would not like to go through the cost of building even a temporary deck if I also have to put out $$ for an inground conversion. There are piles of dirt all around the pool and the site is an eyesore with weeds growing on the dirt piles. Aquarius has still not contacted the county to my knowledge and I have not heard from them since May 29th. There is no plan in place other than a verbal "I'll make it right" and a "later this year" over the phone. With this much money on the line I would like a bit more of a concrete plan. He keeps telling me how busy he is and that I have to wait until he isn't busy to make progress on this situation. I feel that there is an unfinished job that should take precedence over new work - even though I know that my $13K is small potatoes compared to the expensive fiberglass jobs that does. Just because my job is small doesn't mean that it doesn't deserve your attention at this time to get it finished up properly.

I have $13,000 tied up in a pool sitting out in my backyard right now that has to be taken down, with no actual plan on when it will be converted, what costs there might be in the conversion and a summer that is quickly going by with no use of the pool for my son, and a dangerous access for the rest of us. This situation needs resolution.Desired Settlement: At this time I feel that Aquarius Pools needs to contact the zoning board ASAP to get a solid plan on what they are allowed to do in the floodway and get actual permits for the inground work. They need to come up with a price for the conversion that is reasonable given the fact that the demolition of the current setup falls under their responsibility due to the lack of permitting. I want this pool completely usable, by my entire family, safely, within a very short period of time.

Business

Response:

I've read the customers letter concerning her above ground pool. Generally, what she says is true. We contracted to do an above ground pool with her. We applied for a permit about a week before we were scheduled to start her pool thinking it would clear by the time we started. ( However, I don't recall anything being said about her property being in the "flood way" which is quite different than in the "flood plane") Because we were already late getting started we made the mistake of continuing the process figuring we would still get the necessary inspections when they were due and not realizing that it shouldn't be built where it was. I notified the customer as soon as possible (she was out of town at the time) and fessed up to the problem. I thought it was mutually agreed to let it ride for now and we would address it later...always with the intention making it right. Yes, I was upset that she contacted the county, because it was my mistake and I wanted to be the one to contact them not her.With that said, as I've said to her, we will do whatever it takes to make it right. I don't intend to debate what "he said, what she said". I gave her a price to make it an in ground last week, which is the same price she would have paid had she ordered it as an in ground pool to start with. Not a penny was added to take it down and rebuild it in the ground. I talked to Ms [redacted] with the county to start the process and hope to meet other officials this week.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,