Cookie Cutter Pools, Inc.

I have no construction with contract with a ***, I have called the # above *** *** & left a message to call meI have not received a call back. ***

I spoke with Ms*** yesterday, July 5, regarding her concernsWe were able to resolve her concerns her pool will be completed this weekMs*** has indicated that she will send a letter to the Revdex.com confirming that her concerns have been addressed.If I can be of further assistance
please do not hesitate to contact me. Sincerely,*** ***PresidentCookie Cutter Pools, Inc

Cookie Cutter Pools did complete the repair as indicated in the previous response however the complainant was not satisfied with the repair. We have been in contact with the complainant and have sent a plumber out who has discussed an additional plan of repair with the complainant. It is our understanding that the complainant is satisfied with the additional planned repair. This repair should be completed within the next week

We are responding to the above reference complaint sent in by *** ** ***When we received a text from Mrs** *** we responded within or daysWe checked her vacuum as well as the vacuum hoseBoth were working as they should beAll of these items were in perfect working condition
Subsequent to our first visit Mrs** *** filed a complaint and alleged that no one had responded to fix her vacuumI personally went to her house a second time and tested the vacuum myself and it was working perfectlyThe floor of the pool was clean and free of debris, another indication that the vacuum was working properlyIf it had been discovered that the vacuum was not working it would fall under warranty and be fixed and/or replacedHowever, the vacuum is working perfectly and for this reason there is no need to replace or repair the vacuumWe feel that we have done our due diligence and have responded appropriately to Mrs** ***’s concernWe do not know how else to respond to Mrs** ***Please feel free to contact me if you have further questions or concernsSincerely, *** *** President Cookie Cutter Pools, Inc

We are responding the above reference complaint # [redacted].  We have provided responses to each of the customer’s itemized complaints. Customer’s Statement of the Problem:   1. Did not trench down to 18"   CCP Response:  Trenches are inspected during the pre-gunite...

inspection.  The pre-gunite inspection occurred in early October 2017 and was signed off by the County Building Department inspector at that same time with no noted issues relating to the depth of the trenches.     2. Electrical panel wrong spot. not as show on plans   CCP Response:  The electrical panel was placed in an agreed upon spot.  On 7/11/17 the claimant signed the “SIGN OFF SHEET POOL SIZE, LOCATION & SHAPE OF EQUIPMENT PAD LOCATION” (copy attached).  This indicates that the owner (aka the complainant) agreed to the placement of the equipment pad – the electrical panel is part of the equipment and was placed on the equipment pad as agreed.  At one point the complainant believed that the electrical panel should be placed directly against the house – CCP sent a letter to the complainant explaining the electrical panel clearance requirements (see attached letter dated 12/6/17).  The electrical panel is placed in the appropriate location.     3. Never received revised plans for pool placement   CCP Response:  On 7/11/17 the claimant signed the “SIGN OFF SHEET POOL SIZE, LOCATION & SHAPE OF EQUIPMENT PAD LOCATION”.  This indicates that the owner (aka the complainant) agreed to the pool placement.    4. Electrical run on exterior of house   CCP Response:  This is normal.  The electrical run meets all building code requirements.     5. Fountain valves install in concrete not show on plans   CCP Response:  This is not required to be on plans.         6. Contractor never shored up deep end of pool per OSHA regulation   CCP Response:  This is not required.    7. Contractor left live hot load explosives around house   CCP Response:  Although complainant provides no specifics about what he is referring to as “live hot load explosives” to CCPs knowledge there were no explosives left around the house.  CCP does not use explosives.     8. Still has not completed pool 120 past estimated completion date   CCP Response: The pool was completed the week of January 15th, 2018.  There were significant delays in completing this pool due to the change orders initiated by the complainant as well as the complainant’s failure to pay for work completed per the contract.  The complainant requested change orders on 7/27/17 and on 9/27/17 both of which caused construction delays.  On 10/4/17 CCP received notice from the bank that the complainant had stopped payment on a check for $10,260.00 (copy of bank notification attached).  Complainant was not satisfied with concrete work so he stopped payment.  CCP & complainant negotiated an agreement to address the complainant’s dissatisfaction but CCP did not receive payment until 11/13/17.  The complainant’s initiated change orders and failure to pay delayed construction for nearly a total of 2 months.  Additionally prior to calling for a pre-plaster inspection there were tasks that the complainant must have had completed.  CCP sent a letter to the complainant on 12/6/17 indicating what needed to be done before the pre-plaster inspection could be completed.  CCP received a text from the complainant on 12/26/17 that the work was done.  This was another 2 week delay on the part of the complainant.  So while the estimated completion date for the pool was somewhere around the first part of October due to several complainant caused delays it was not completed until mid-January 2018.   9. Had to hire people to trench and install drainage for fountains so they would be install correctly.   CCP Response:  The work completed by CCP was within industry standards and met all code requirements.  The complainant wanted it done differently and also wanted additional fountains that were not part of the original contract and thus not part of CCP contractual obligations.     10. Broke fence outside of equipment access area.   CCP Response:  This is not a true statement.  CCP did not break fence outside of equipment access area.     11. left water line to pool exposed above ground   CCP Response:  This is not a true statement.  All plumbing is inspected during the pre-gunite inspection.  The pre-gunite inspection occurred in early October 2017 and was signed off by the County Building Department inspector at that same time with no noted issues relating to the plumbing line deficiencies.     12. Richard Evens sends harassing letters changing payment terms.   CCP Response:  Attached are the 2 letters that CCP has sent the complainant.  Both letters were written to clarify next steps so that both parties were aware of the project status and were on the same page.  The final payment that is referenced in the letter is consistent in both letters and is also on the first page of the construction contract signed by the complainant. Please refer to the attached document titled “Construction Contract” approximately ¼ down from the top of the page where it indicates that “5% $2310 due morning of plaster”.  CCP requires the final pool payment to be in the form of a cashier’s check.  This is standard procedure for CCP.  No harassing letters changing payments were ever sent to the complainant.      13. Had to Schedule own inspection and PW inspection.   CCP Response:  This is untrue statement.  CCP attempted to schedule the inspection but the complainant wanted the inspection to be scheduled on the weekend and at a specific time. Please refer to the attached picture of text messages between the complainant and CCP where CCP explained inspectors did not work on Saturdays nor do they tell us what time the inspection will be.  CCP also spoke to the complainant and explained the restrictions on scheduling an inspection.  The complainant indicated the inspector would have to wait for him (see text) and CCP explained inspectors will not wait.  CCP spoke to the complainant about the inability to schedule a specific time, exchanged texts regarding the scheduling of the inspection and also sent a letter to the complainant on 1/2/18 (see attachment- letter dated 1/2/18) referencing the inability to schedule an inspection for any time other than a requested date.  CCP requested a date from the complainant so that CCP could schedule the inspection but the complainant did not provide a date to CCP.  Complainant took it upon himself to schedule the inspection and did not cooperate to the extent necessary for CCP to schedule the inspection.     Cookie Cutter Pools strives to provide a quality product accompanied by good customer service to every customer.  However, there are some customers that are not satisfied regardless of the efforts put forth and, unfortunately, we feel that this complainant is one of those.  When the complainant was not satisfied with concrete work, CCP offered a credit towards the cost of the pool as a good faith effort to satisfy the customers concern.  The issues raised regarding the concrete were minor cosmetic issues that were not code violations, did not impact the integrity of the concrete nor the safety of individuals. CCP could have allowed the customers concern with the concrete to progress to the level of a complaint and feels like it would have been a more favorable outcome for CCP but in an effort to work with the complainant to resolve the concrete complaint CCP agreed to a monetary compensation for the dissatisfaction.  Now the complainant is back asking for additional monetary compensation.   The issues or concerns that the complainant raises in this complaint are unfounded and the request to be further compensated in the amount of $10,000 is bordering on extortion.  There is nothing in the complainant’s reported issues that would come close to justifying a monetary compensation especially in the amount of $10,000.   As indicated we believe that all of the complainant’s issues are unfounded and unfortunately we are unsure how we can further address these concerns with the complainant. The pool has been completed and meets all regulatory and industry standards.   If you have further questions regarding anything in this response please do not hesitate to contact us.     Warm Regards,       [redacted] President Cookie Cutter Pools, Inc

Revdex.com:
I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me.
It is unfortunate that the dozens of calls went unanswered, but it according to Cookie Cutter Pools, there was an issue with their phone system (and possibly the owners personal cell). None the less, as soon as they received notification from the Revdex.com, their response was expedited and it looks like one of their top techs, [redacted], has fixed the issue with my jets. Thanks for your help in resolving this issue.

We are responding to the above reference complaint sent in by [redacted].We are going as fast as we can to complete Ms. [redacted] construction project. Ms. [redacted] has made numerous changes and untimely decisions which has contributed to the construction delays. We have accommodated...

 Ms. [redacted] requested changes throughout the construction process and have made changes without the customary charges that would normally be associated with such charges.Per the contract, which Ms. [redacted] has signed we do not fix underground utilities (sewage trap). We have informed her of this as well.If Ms. [redacted] does not request any additional changes we anticipate that the project will be complete within the next 2 weeks.Please feel free to contact me if you have further questions or concerns.

I am rejecting this response because the work is not complete at this time.  Further more I provided rebuttal comments to the business comments below:We are writing to the respond to the above referenced complaint that was submitted to the Revdex.com on 3/22/17. We would like to provide additional details that have been omitted from the complaint as well provide an explanation of the actions recently taken to address the repairs. Complaint: "In a nutshell, Cookie Cutter Pool has not finished a project they started in May of 2013...after a slow construction phase that lasted from May to September..." CCP Response: CCP began working with the complainants on the pool concepts and design late July 2013 however the commitment to CCP to construct the pool was not made until early August. The construction contract for the pool project was signed by the complainant and CCP on August 2, 2013, the building permit was issued on August 20, 2013, and the pool was plastered and filled with water on September 27, 2013. The project was completed in less than 60 days from contract signature and 38 days from issuance of building permit. To our knowledge and per information in the complaint, the pool and spa have been filled with water and in use from late September 2013 to February 2017. The issues brought up in this complaint are warranty issues that occurred after the project was completed.   Complainant rebuts: I accept CCP building timeline but stating the project was complete, in my opinion, is unsupported.  The structural cracks appeared within 14 days of filling the pool. This is even before the pool startup sub-contractor was finish preparing the pool for full time use.  So basically, I have had full use of a damaged product since construction.   Complaint: "After months of continued badgering, [redacted] finally took some action. It wasn't the action I expected...he decided to install an underground retaining wall." "In late February 2015, he totally destroyed my backyard for a second time... They dug the trench and left it for 4 months."  CCP Response: The land behind the complainant's pool slopes towards the pool. In January 2015 CCP suggested that the complainant install a rock drainage system at the edge of the concrete to divert water around the pool so that water does not get under the pool and cause structural damage and additional cracks in the plaster. CCP also proposed building a retaining wall along the back of the pool (where the land slopes toward the pool) to keep the soil pressure from the slope from pushing against the pool and causing structural damage. The reason for the retaining wall was explained to the complainant and the complainant did not object nor refuse to allow the additional work to be done. CCP was under no obligation to take this pre-cautionary measure and built the retaining wall at no cost to the complainant (approximately $5000 cost to CCP). Construction on the retaining wall began the last week of February 2015 and the cement/gunite wall was poured on May 4, 2015 resulting in approximately a 2 month construction time frame, not 4 months as reported by the complainant. The complainant continued to have full use of the pool and spa during the construction of the retaining wall.  Complainant rebuts: I am neither an engineer nor a geologist.  I do not work in construction and have no credentials that would allow me to design and build my own pool.  For those reasons I paid nearly $50K to a professional who has the resources and knowledge to properly construct my pool.  I believed they knew what they were doing. If CCP failed to properly engineer my pool and installed it, any damage and further measures to mitigate future damage are solely their financial responsibility.  This would include but is not limited to the retaining wall and any drainage deemed necessary to prevent further damage. The sloping hillside did not appear over night and was there during all phase of conceptual design and construction.  The retaining wall was installed at no cost to us, as it should have been.  Perhaps they should have built it prior to installing the pool so this would not have happened. I will commend CCP for always owning the mistakes and committing to their correction, but the basis of this entire complaint has always been about timeliness and communication.   When the cracks in the pool where identified and reported, we where asked to allow them to sit for 6 months through the winter to see if the grew larger.  As explained, this was to see how much shifting was occurring and was to allow the pool to settle prior to repair.  My simple math would put an on-time repair of this issue as April or May of 2014.  After numerous attempts to re-engage and resolve the issues went without action, I elected to defer the problems to the fall of 2014.  I did this knowing that if my warranty repair work wasn’t a priority for CCP during the spring, there was no way they would be a priority in their high construction season.  So the fall of 2014 repair slide to Feb of 2015, but not from a lack of trying to contact and coordinate repairs on my part.  When the installation of the retaining wall began, in my opinion, the repair of the pool should have happened concurrently.  Whether it was 2 or 4 month to install the gunite retaining wall, both amounts of time are excessive.  The digging of a trench occurred in one day and then there was a 2-month delay to have the wall poured.  This was not due to constant poor weather conditions.  Even after installing the retaining wall it took almost 4 weeks to have someone come and back fill the top of the trench and smooth the top soil to something near level.  Stating I had full use of the pool and spa during repair is essentially true, but considering my only access to the pool and spa was via 8-foot long 2X8 board over a 7-foot deep trench, use was not practical.  Not to mention the mounds of dirt we had to maneuver through. This experience left me feeling that CCP did not view my concern or completion of my warranty work as a priority for their business.  I felt that CCP was more concerned with capitalizing on the earning potential of new construction than prioritizing my warranty work that would generate no revenue.  I once again was forced to defer repair until the fall of 2015 knowing it wasn’t a priority to CCP.       Complaint: "Now we had a huge graduation party that was being held in our once landscaped yard coming up and mounds of dirt still everywhere. We battled with them to fill in the topsoil to get our yard somewhat flat prior to my daughters graduation party but Cookie Cutter delayed so much I was forced to install sod 8 days prior to her graduation party. Once again I wanted to enjoy the pool for the summer and delayed further pestering until that fall."CCP Response: The complainant was concerned that he would not have time to plant grass prior to the party and asked CCP if they could help out. On May 14, 2015 CCP wrote a check to the complainant had full use of the pool and spa and had grass in time for the graduation party.  Complainant rebuts:  Thank you for sharing the cost of the sod.  Grad party was a success after my wife and I installed sod in the entire backyard. Complaint: "Early February a worker came by to repair the auto-fill that was damage 2 years prior. He drained the pool to install the new components. The draining caused him to delay the auto-fill, so we waited again for 3 weeks for him to return. He did install the new auto-fill in my lawn. At the time the pool was drained we were assured the auto-fill and crack repair would be done in a week or 2. Now it is almost 2 months later and my pool still sits empty with a hole drilled in the side of it prevent me from refilling it for use."CCP Response: The first visit in February 2017 was for the purpose of draining the pool so that the auto-fill could be repaired and the cracks in the plaster could be evaluated in order to determine the best way to repair the cracks. It would be impossible to repair the pool or assess the damage while the pool was filled with water. The complainant indicates that he has heard every excuse in the book as to the reason for the delays, however in construction delays due to the weather are real and they impact businesses ability to respond quickly during rainy weather as well as once the rain stops due to high demand for services when the rain stops. So while CCP drained the pool early in February 2017 to begin the necessary evaluation and repairs the Vacaville area had almost 13 inches of rain in February and another 4 inches of rain in March 2017 that impacted CCPs ability to schedule outside consultants to look at and evaluate the cracks.  Complainant rebuts:  Although weather can impact construction the rain in Feb 2017 occurred in 2 separate 6-day periods.  If my repairs were a priority, the first rain free day workers would have been here.  It is also a bit of a concern that after 4 years with structural cracks in my pool CCP finally decided to “determine the best way to repair the cracks” further showing my repairs were never a priority for there business.  After the rain if there was high demand for CCP services shouldn’t a 4-year warranty repair issue be at the top of the list? Complaints: "So we have no pool or hot tub to enjoy...We would like to BBQ and enjoy our backyard but thanks to [redacted] and Cookie Cutter Pools, that isn't going to happen...It isn't very comforting that while I am attempting to get my $49k cesspool repaired..."CCP Response: CCP agrees that for the last one and a half months, since early February 2017, the complainants have not had use of their swimming pool or spa however this has no relevance to the ability to BBQ. While CCP certainly understands the frustration of the complainants regarding the time it has taken to complete the repairs on the pool, it would not consider the pool a "cesspool". In correspondence received from the complainant in January 2015, despite the needed repairs (cracks in plaster) the complainant writes "Once again thank you for your willingness to address and correct these issues. We truly love our pool and your company and its contractors did do a great job." There is no question that there are repairs to be completed on this pool but it is far from a cesspool.   Complainant rebuts:  The ability to BBQ has been impacted.  A drained pool that has had an added 18 inches of stagnate water accumulate has allowed for a serious increase in the mosquito population and general stench.  This is not the environment I prefer to cook in. It is an eyesore and we do not want to BBQ around it. If a stagnate mosquito infested, smelly body of water isn’t a cesspool, then I don’t know what one is. I do believe that CCP and their sub contractors did a good job from a workmanship aspect, and I do love the pool (when there is water in it), but the timeliness for repair is unacceptable.  Desired Settlement: "I want a pool! I am sitting here with an empty cracked pool a hot tub that needs to be demolished and redone. Repair all cracks in the pool and replaster both the spa and pool to match. I didn't pay $49K for a patch-work appearance. Pay the utility cost to refill the pool and the initial chemicals required. All work completed by April or refund what I paid for the pool. I paid way too much to have this eye sore and have to go the gym to enjoy a swim and a soak in the hot tub!!!" CCP Response: CCP is unaware of repairs that are needed to the hot tub that would require it to be demolished and redone. At the risk of sounding argumentative, use of a pool in Feb/Mar is limited due both the outside and water temperature in a pool. it is unlikely that anyone is using an unheated pool this time of year to enjoy a swim. CCP does understand the frustration around the inability to use the hot tub even if only for a little more than a month. The last week of March 2017 CCP hired [redacted] to inspect the pool and determine the best course of action to repair the cracks. [redacted] has been to the site and inspected the pool. Per [redacted] there are 2 areas of cracking that fall under the warranty and are the responsibility of CCP to repair and other areas of cracking that are due to improper chemical use. CCP has authorized [redacted] to repair the cracks covered under the warranty (includes the area of rusting). [redacted] has indicated they will reach out to the customer to discuss the other cracking that is due to improper chemical use to determine how they would like to handle those cracks as they are due to workmanship and are not covered under warranty, CCP will have both the pool and spa re-plastered. CCP will include start up chemicals and will reimburse the complainant for up to 14,000 gallons of water (upon receipt of utility bill).  Complainant rebuts:  Spa seat cracks were identified and were separated enough that my fingers could be inserted up to the first knuckle.  The consulates CCP hired informed us that the plaster in the spa required a complete removal and re-plastering.  The pool and spa where purchased for use 24/7/365.  Minimizing the impact by stating pools aren’t used in Feb and March is an incorrect assumption.  We also have a sauna that up to the day the pool was drained my family would sit in followed by a refreshing dip in the pool to cool down and complete our day in the spa. Once again our pool has not been a priority for CCP to repair.  Waiting until the last week of March to hire someone to repair the pool shows that.  Ironically, [redacted] was hired after my original complaint was filed with the Revdex.com.      It is not uncommon for plaster to have small cracks for a variety of reasons. These cracks are often harmless and do not indicate problems with the structure of the pool. Sometimes the cracks are more noticeable than others depending on the plaster finish. It is common practice to monitor the pool for a period of time to determine the impact of the cracking (cosmetic versus structural damage) and determine the need for repair/replaster. Complainant rebuts: Concur.  The cracks we reported from the beginning where not minor.  The small hairline plaster cracks where never an issue we where concerned with. It was the main cracks where the rebar rust was coming through and coming across the pool.  Cookie Cutter Pools agrees with the complainant that the process to repair the cracks in this pool has taken way too long. There was no way to avoid emptying the pool in order to make the repairs. The complainant has indicated that because CCP was unable to address the repairs when requested they chose to continue to use the pool during the "seasons" so that they could enjoy it....as they were able to until February 2017 which was the first time the pool was without water since it was completed in 2013. The complainant has been able to keep water in the pool and enjoy it for 40 out of the last 42 months despite the plaster crack repairs needed. This understandable choice to keep water in the pool by the complainant has contributed, in part, to the timing of the repairs. It was not our intent nor desire to drag the repair process out. There was work being done in between the "seasons" (the retaining wall, obtaining structural engineer report) and communication with the complainant about this work. It admittedly wasn't enough.  Complainant rebuts: The lack of communication led to our lack of confidence in CCP ability to complete the repair works in a timely manner.  If a clear plan and timeline where explained and executed, we would not have delayed repairs to the off-season.  Feeling like our checks where cashed and we had very little leverage for facilitate the repairs, we had no choice but to delay to allow our teenagers the ability to enjoy the pool prior to leaving home for college.   Cookie Cutter Pools regrets that a customer who, in January 2015, loved their pool and thought highly of CCP and its contractors despite needing repair for cracked plaster now feels like they have a cesspool. We are committed to making this pool right with the customer and completing the repairs as discussed above prior to the end of April. Complainant rebuts:  I still believe in CCP workmanship and think they did a fine job on the pool and I do appreciate the actions to complete the repairs. We did love the pool and still would if we could use it, but constantly being told they were going to fix it and then not following through has worn out our patience.  On a final note, while the complainant's have included the death of their dog as part of the complaint CCP does not take responsibility for this tragic death. Twisted stomach, aka bloat, is the number 2 killer of dogs after cancer and Great Dane's (breed of the complainant's dog) have the highest incidence of bloat. There are many factors that can lead to twisted stomach and CCP does not feel that pointing fingers or trying to justify why we do not feel responsible for this tragedy is respectful to the family after their loss, especially in a public forum (this response will be public record). Should the complainant feel the need to discuss this further we would be happy to do so privately. We do, however, expresses sympathy to the family on the loss of their family dog in 2015.  Complainant rebuts:  The death of the dog is by no means being blamed on CCP.  That portion of the original complaint was included to highlight the hazardous condition CCP had left our backyard in for over 2 months.  I could argue that one of the major causes of bloat in Great Danes is stress.  I am sure the dog was stressed after falling in a 7-foot trench and sinking in mud up to her chest unable to free herself. She died the following day. She was perfectly fine until she fell in the trench and got stuck there for hours. It was horrible to find her that day. It was really unacceptable to have that trench there for so long – having to leap over or put 2x8’s down to just access our pool or hot tub for 2 months was extremely hazardous and we contacted CCP constantly about it. That trench was there for months, it was a hazard, and we said so repeatedly. This lack of timeliness was what we had to put up with – saying you would finish something but wouldn’t without constant calling, leaving messages, etc… I believe the actions we have taken by contacting [redacted], agreeing to fix the cracks that fall under warranty, agreeing to replaster both the spa and pool, providing start up chemicals and reimbursement for water to fill the pool meets all of the complainant'e requests in the desired settlement. We intend to have this work completed prior to the end of April 2017.  Complainant rebuts: I am pleased to report that as I complete this rebuttal CCP has had the cracks repaired and the re-plastering of the pool and spa are complete.  After the pool start-up period and water reimbursement the mater will be settled in a satisfactory manner.  I only regret the amount of time and effort it has taken to accomplish these tasks. Only after contacting Revdex.com, making YELP and Yahoo reviews, was my concerns addressed again. CCP does do good work and [redacted] is a very nice man unfortunately CCP lack of timeliness and communication required this complaint and I am thankful that action is finally being taken. Wish it would have been done a long time ago so we wouldn’t have had to go to these measures and endured so much frustration.

Cookie Cutter Pools was notified of the fire AFTER the complainant had already received compensation from her fire insurance company. Cookie Cutter Pools has not been refusing to cooperate with the complainant's insurance company. There have been several communications with the complainant's...

insurance company since we were notified of the fire. Cookie Cutter Pools was fully insured at the time of the fire and the claim has been submitted to Cookie Cutter Pools insurance company for investigation and processing. Cookie Cutter Pools has been in communication with there own insurance company and emails sent as recently as this month (July2015) attempting to resolve this claim have included a "cc" to the complainant's insurance company.

We were unaware the complainant has been trying to contact us to report that he is still having issues related to his spa/jets until we received notice of this complaint from the Revdex.com.  Unfortunately we did not receive the messages the complainant has left.  We received the complaint via...

email on 4/17/18 and went out to the complainant's property on 4/20/18 and fixed the issue.  During the repair visit the complainant was told to call us if he continued to experience issues after the repair.  We also followed up in an email to the complainant on 4/24/18, apologized for the perceived lack of response and encouraged the complainant to contact us should he have any further issues. We encouraged the use of email as another contact method to reach us.  We strive to provide timely, courtesy and efficient customer service to all of our customers and regret that this customer experienced less than that.  We have not received any phone contact from the customer or response to the email sent to indicate that the repair did not resolve the issue so we are assuming that the issue has been resolved and has met the settlement desired by the complainant.

Factual Timeline and Correspondence: 8/30/17 – 7:03am: Text received from complainant requesting a monetary “concession” for breach of contract on width of pool. Although CCP was aware of complainant’s dissatisfaction with pool size this was the first time the complainant indicated she wanted a monetary concession. Complainant indicated in the text that she would have to take legal action if we could not come to terms 8/30/17 – 10:50am: Another text received from complainant indicating that she needed to know if CCP was willing to agree to the proposed monetary concession and the complainant holding CCP harmless agreement. Complainant indicated she would need to take action with the bond company and CSLB in addition to retaining an attorney if an agreement could not be reached. Complainant requested that an agreement in writing, on CCP contract addendum, be sent to her this same day. 8/30/17 – 12:56pm: CCP sent a text to the complainant requesting her to give us a call. Complainant replied back that she only wanted communication by text moving forward. 8/30/17 – between 12:56 & 3:58pm – a couple of clarifying texts sent back and forth between complainant and CCP 8/30/17 – 1:21pm: CCP received email from Revdex.com regarding complainant filed by complainant today, 8/30/17. Note: CCP did not see nor open the email until after 5pm and they had already agreed to complainant’s concession. 8/30/17 – 3:58pm: CCP text complainant and indicated an addendum with complainant’s requested monetary concession would be sent via email this evening. 8/30/17 – 7:40pm: CCP emailed signed addendum to complainant. 9/1/17 – 10:41am: Complainant sent back signed addendum. 9/2/17 – 11:57am: Received a cc of an email that complainant sent to Revdex.com indicating the issue had been resolved and no further action was needed. Based on the facts provided above, the complainant prematurely submitted her complaint and desired settlement to the Revdex.com. While the text from the complainant indicated she wanted an addendum in writing on 8/30/17 she did not give CCP the opportunity to comply with her request prior to submitting the Revdex.com complaint and a [redacted] complaint. CCP agreed to the requested resolution without regard to the Revdex.com or [redacted] complaint as we were not even aware of them at the time we accepted the complainant’s proposed monetary concession. We would also like to go on record and point out that both complaints to the Revdex.com and [redacted] represent the experiences and opinions of less than 2% of our customers leaving 98% unrepresented. The complainant indicated it was not fair to the customers and that CCP was taking advantage of people and should be held accountable or quit the business. While CCP would like ALL customers to be happy and satisfied we understand that there will be those that we are not able to resolve the difference but no business should be judged based on the experiences of less than 2% of their customer base. We have been able to resolve our differences with this complainant and are appreciative that she removed her [redacted] complaint and provided a letter to the Revdex.com indicating the matter had been resolved. We have moved forward with construction and hope that should there be other issues that arise that they will be handled satisfactorily.

Revdex.com:
I have reviewed the response made by the business in reference to my concern, and find that this resolution is satisfactory to me.

I am rejecting this response because: the plaster company found the leak was coming from the auto fill basket. We were told by the plaster company that they would put a temporary fix on the leak, however it would need to be repaired.  The basket leak has not been repaired.

We are writing to the respond to the above referenced complaint that was submitted to the Revdex.com on 3/22/17. We would like to provide additional details that have been omitted from the complaint as well provide an explanation of the actions recently taken to address the repairs.Complaint: "In a...

nutshell, Cookie Cutter Pool has not finished a project they started in May of 2013...after a slow construction phase that lasted from May to September..."CCP Response: CCP began working with the complainants on the pool concepts and design late July 2013 however the commitment to CCP to construct the pool was not made until early August. The construction contract for the pool project was signed by the complainant and CCP on August 2, 2013, the building permit was issued on August 20, 2013, and the pool was plastered and filled with water on September 27, 2013. The project was completed in less than 60 days from contract signature and 38 days from issuance of building permit. To our knowledge and per information in the complaint, the pool and spa have been filled with water and in use from late September 2013 to February 2017. The issues brought up in this complaint are warranty issues that occurred after the project was completed.Complaint: "After months of continued badgering, [redacted] finally took some action. It wasn't the action I expected...he decided to install an underground retaining wall." "In late February 2015, he totally destroyed my backyard for a second time... They dug the trench and left it for 4 months." CCP Response: The land behind the complainant's pool slopes towards the pool. In January 2015 CCP suggested that the complainant install a rock drainage system at the edge of the concrete to divert water around the pool so that water does not get under the pool and cause structural damage and additional cracks in the plaster. CCP also proposed building a retaining wall along the back of the pool (where the land slopes toward the pool) to keep the soil pressure from the slope from pushing against the pool and causing structural damage. The reason for the retaining wall was explained to the complainant and the complainant did not object nor refuse to allow the additional work to be done. CCP was under no obligation to take this pre-cautionary measure and built the retaining wall at no cost to the complainant (approximately $5000 cost to CCP). Construction on the retaining wall began the last week of February 2015 and the cement/gunite wall was poured on May 4, 2015 resulting in approximately a 2 month construction time frame, not 4 months as reported by the complainant. The complainant continued to have full use of the pool and spa during the construction of the retaining wall.Complaint: "Now we had a huge graduation party that was being held in our once landscaped yard coming up and mounds of dirt still everywhere. We battled with them to fill in the topsoil to get our yard somewhat flat prior to my daughters graduation party but Cookie Cutter delayed so much I was forced to install sod 8 days prior to her graduation party. Once again I wanted to enjoy the pool for the summer and delayed further pestering until that fall."CCP Response: The complainant was concerned that he would not have time to plant grass prior to the party and asked CCP if they could help out. On May 14, 2015 CCP wrote a check to the complainant had full use of the pool ans spa and had grass in time for the graduation party.Complaint: "Early February a worker came by to repair the auto-fill that was damage 2 years prior. He drained the pool to install the new components. The draining caused him to delay the auto-fill, so we waited again for 3 weeks for him to return. He did install the new auto-fill in my lawn. At the time the pool was drained we were assured the auto-fill and crack repair would be done in a week of 2. Now it is almost 2 months later and my pool still sits empty with a hole drilled in the side of it prevent me from refilling it for use."CCP Response: The first visit in February 2017 was for the purpose of draining the pool so that the auto-fill could be repaired and the cracks in the plaster could be evaluated in order to determine the best way to repair the cracks. It would be impossible to repair the pool or assess the damage while the pool was filled with water. The complainant indicates that he has heard every excuse in the book as to the reason for the delays, however in construction delays due to the weather are real and they impact businesses ability to respond quickly during rainy weather as well as once the rain stops due to high demand for services when the rain stops. So while CCP drained the pool early in February 2017 to begin the necessary evaluation and repairs the Vacaville area had almost 13 inches of rain in February and another 4 inches of rain in March 2017 that impacted CCPs ability to schedule outside consultants to look at and evaluate the cracks. Complaints: "So we have no pool or hot tub to enjoy...We would like to BBQ and enjoy our backyard but thanks to [redacted] and Cookie Cutter Pools, that isn't going to happen...It isn't very comforting that while I am attempting to get my $49k cesspool repaired..."CCP Response: CCP agrees that for the last one and a half months, since early February 2017, the complainants have not had use of their swimming pool or spa however this has no relevance to the ability to BBQ. While CCP certainly understands the frustration of the complainants regarding the time it has taken to complete the repairs on the pool, it would not consider the pool a "cesspool". In correspondence received from the complainant in January 2015, despite the needed repairs (cracks in plaster) the complainant writes "Once again thank you for your willingness to address and correct these issues. We truly love our pool and your company and its contractors did do a great job." There is no question that there are repairs to be completed on this pool but it is far from a cesspool.Desired Settlement: "I want a pool! I am sitting here with an empty cracked pool a hot tub that needs to be demolished and redone. Repair all cracks in the pool and replaster both the spa and pool to match. I didn't pay $49K for a patch-work appearance. Pay the utility cost to refill the pool and the initial chemicals required. All work completed by April or refund what I paid for the pool. I paid way too much to have this eye sore and have to go the gym to enjoy a swim and a soak in the hot tub!!!"CCP Response: CCP is unaware of repairs that are needed to the hot tub that would require it to be demolished and redone. At the risk of sounding argumentative, use of a pool in Feb/Mar is limited due both the outside and water temperature in a pool. it is unlikely that anyone is using an unheated pool this time of year to enjoy a swim. CCP does understand the frustration around the inability to use the hot tub even if only for a little more than a month. The last week of March 2017 CCP hired [redacted] to inspect the pool and determine the best course of action to repair the cracks. [redacted] has been to the site and inspected the pool. Per Leak Masters there are 2 areas of cracking that fall under the warranty and are the responsibility of CCP to repair and other areas of cracking that are due to improper chemical use. CCP has authorized Leak Masters to repair the cracks covered under the warranty (includes the area of rusting). Leak Masters has indicated they will reach out to the customer to discuss the other cracking that is due to improper chemical use to determine how they would like to handle those cracks as they are due to workmanship and are not covered under warranty, CCP will have both the pool and spa re-plastered. CCP will include start up chemicals and will reimburse the complainant for up to 14,000 gallons of water (upon receipt of utility bill).It is not uncommon for plaster to have small cracks for a variety of reasons. These cracks are often harmless and do not indicate problems with the structure of the pool. Sometimes the cracks are more noticeable than others depending on the plaster finish. It is common practice to monitor the pool for a period of time to determine the impact of the cracking (cosmetic versus structural damage) and determine the need for repair/replaster.Cookie Cutter Pools agrees with the complainant that the process to repair the cracks in this pool has taken way too long. There was no way to avoid emptying the pool in order to make the repairs. The complainant has indicated that because CCP was unable to address the repairs when requested they chose to continue to use the pool during the "seasons" so that they could enjoy it....as they were able to until February 2017 which was the first time the pool was without water since it was completed in 2013. The complainant has been able to keep water in the pool and enjoy it for 40 out of the last 42 months despite the plaster crack repairs needed. This understandable choice to keep water in the pool by the complainant has contributed, in part, to the timing of the repairs. It was not our intent nor desire to drag the repair process out. There was work being done in between the "seasons" (the retaining wall, obtaining structural engineer report) and communication with the complainant about this work. It admittedly wasn't enough.Cookie Cutter Pools regrets that a customer who, in January 2015, loved their pool and thought highly of CCP and its contractors despite needing repair for cracked plaster now feels like they have a cesspool. We are committed to making this pool right with the customer and completing the repairs as discussed above prior to the end of April.On a final note, while the complainant's have included the death of their dog as part of the complaint CCP does not take responsibility for this tragic death. Twisted stomach, aka bloat, is the number 2 killer of dogs after cancer and Great Dane's (breed of the complainant's dog) have the highest incidence of bloat. There are many factors that can lead to twisted stomach and CCP does not feel that pointing fingers or trying to justify why we do not feel responsible for this tragedy is respectful to the family after their loss, especially in a public forum (this response will be public record). Should the complainant feel the need to discuss this further we would be happy to do so privately. We do, however, expresses sympathy to the family on the loss of their family dog in 2015.I believe the actions we have taken by contacting Leak Masters, agreeing to fix the cracks that fall under warranty, agreeing to replaster both the spa and pool, providing start up chemicals and reimbursement for water to fill the pool meets all of the complainant'e requests in the desired settlement. We intend to have this work completed prior to the end of April 2017.We will provide an update to the Revdex.com once the work has been completed. We are requesting that this response in its entirety be part of the public record regarding this complaint.if you have questions or concerns please do not hesitate to contact me.Regards,[redacted]PresidentCookie Cutter Pools, Inc

The pool contract was signed on February 8, 2016. The permit was turned in on March 1, 2016 and issued on March 17, 2016. Because of inclement weather in March and April work progressed very slowly for all pool projects. In May we were able to get moving again causing us to be a couple of months behind schedule.Specific complaints included:1. I do not come out to the jobsite. I came by the site weekly and have been or spoken with her on several occasions. 2. The contracted workers are fighting over what happens next. The contracted workers were not fighting over what happens next rather Mrs. [redacted] was fighting with them and telling them where and how to tile. I can provide affidavits from the sub-contractors that speak to Mrs. [redacted]'s behavior.3. Stone was placed on the walls before the concrete decking was installed. Our tile man had to leave because of her screaming and trying to instruct him on how to do his job. The tile company said they didn't know what to do as she constantly wanted it changed.4. Damage to sewage lines, sprinklers, etc. Sewage trench, sprinklers, and misc underground utilities are not our responsibility as signed in the contract on page 4. We talked with her about this early on in the project.5. We abandoned the project. We never abandoned work, our problems stemmed from Mrs. [redacted] being unable to make decisions and act like it is our responsibility to know what she wanted. Our concrete crew (MD Concrete) worked with her for over 30 days trying to get a color and texture and was unable to satisfy her. We hired Diamond Pools to work with her and they could not satisfy her either. Mr. [redacted] called and asked if he could have another contractor of her choice pour the decking - which had previously been formed, an expense that I had incurred. I said that would be fine and told him to have her guy give me the invoice and I could pay them directly or they (the [redacted]s) could pay and deduct this amount from Draw #4.6. Spa bench was too deep and cement was just thrown in the bottom. We changed the depth of the spa bench at her request and cement was not "just thrown" in the bottom. The bench was changed to accommodate Mrs. [redacted]'s request and rather than being grateful she criticized the manner in which the change was done. The work was done in a professional manner and has no negative impact on the use of or aesthetic appearance of the spa.7. Delays in pool construction. As indicated previously there have been delays due to changes requested by the [redacted]s. Changes to construction plans can cause delays. While the work related to Mrs. [redacted]s several changes to the steps and stone work did not cause much time delay the time it took her to make the decision is what slowed or stopped the project at times.Whenever Mrs. [redacted] wanted changes we worked to accommodate her; we built a small cabo bench instead of steps & changed the coping to her satisfaction. Rather than being appreciative for working with her and making the changes as she requested she claimed the only reason for the change was because we did it wrong.This has been a difficult project at best. The [redacted]s, specifically Mrs. [redacted] has been oppositional and combative throughout the project which has caused difficulty in keeping workers on the job. Despite this we have made requested changes and accommodations in order to move the job forward and please the customer but have been unable to keep the [redacted]s satisfied. The [redacted]s have less than 2 weeks of work to be done to complete their pool project but refuse to pay the amount due per their contract (approximately $10,000). While I am committed to customer service and willing to work with customers to resolve differences I cannot be expected to run my business or finish work without receiving the money that is legally owed to me. It is within my right to collect the amount owed for services rendered thus far. The quality of this product is A+.While the [redacted]s believe that I have abandoned the job, the reality is that I have stopped work due to non-payment/breach of contract. As stated in my letter dated October I am as eager to complete this pool project as the [redacted]s and am willing to resume work once I receive a check for the 4th draw minus the amount paid for concrete.

When we learned that the pool was leaking we began scheduling people to go out and assess and fix the leak.  We performed the following:1- checked the skimmer, no leak detected2-tested the plumbing pipes - no leak detected3-checked the waterfall -sealed4-checked the plaster fittings5-checked...

the auto fill - sealedThe pool leak has been addressed and all needed repairs have been finished.

I am rejecting this response because:While I am grateful that [redacted] and Cookie Cutter Pools has returned to finish our pool, I do not accept his reasoning for the delays.  He abandoned work on our pool from May 15 (it was suppose to be done around the end of May) until the beginning of July when I finally figured out to submit this complaint and get his attention.  He ignored all our phone calls and texts up until this time.  Not only was our sewage trap left broken which could have caused a backup to the whole house but our sprinklers were broken to both back and front killing our plants, our drainage was ripped from the house as well as electrical. Trash was left all over the proper.  You certainly don't guess that people our going to come back and have a total disregard for your property like that. Had they been working on the pool during this time, I wouldn't be so upset.  If someone had bothered to talk to me and explain that they were super behind and give me a time schedule instead of keeping us hoping that maybe the pool could be done before this guest came or that guest came...but no...there was no communication whatsoever and we were left guessing and hoping that we actually might have a pool by summer's end.  I made no changes to the pool that have affected the timing in any great way.  I have only clarified what is to be done beforehand because the plan was so unclear from the beginning.  [redacted] spent very little time hashing out any details and left so many things to chance.  For someone who has been building pools for so long, one would think you would learn to plan ahead and learn to anticipate the homeowner's needs!!!  Particularly like the need for a drain when you are installing a retaining wall.  The only major change we are making is to the hot tub which comes up to my 16 years old daughter's chin.  [redacted]'s solution is to have his tile guy throw in some cement to build up the one bench instead of pouring gunite which won't take more than a day.  So as it stands, my pool still isn't done.  I don't have a timeline.  No one is working outside now.  There's still trash in my pool that blows into my front yard every time the wind blows!!  I'd like to leave this complaint open until we are swimming and I wish it was before it got cold. I do need to add that the travertine looks amazing on the stairs!