Flamingo Pool & Spa

Review: Flamingo pools was contracted to install a new swimming pool. They hired a sub-contractor to do the actual work. From the beginning the pool was incorrectly installed. The subcontractor caused permanent damage to the new pool and to the existing deck adjacent to the pool site. I notified Flamingo pools of my dissatisfaction, and the owner ([redacted]) came to inspect the damage that had been done. His response was " we'll give you your money back". I felt that the mess they had created needed to be resolved (I, at that point, had filled, drained & partially refilled the pool as per their instructions). Flamingo sent the same subcontractor back to fix the issue & after a day of work he told me the problems had been resolved. Last week, while doing landscape work around the base of the pool I discovered that not only was the wall of the pool not in the proper support track, but that this had been hidden by back filling dirt around the pool - intentionally deceiving me & hiding another major installation error. The installer had instructed me that the wall would "straighten out due to the water pressure within the pool" and to "give it a year". I consulted with an outside pool company to find out what could be done to fix the damage, and I was advised that there is no way this wall will ever be straight, and the lifetime expectancy of the liner will be greatly shortened due to the stress it has been put under. At this point I do not want Flamingo Pools (or any of its representatives) to touch the pool - they are clearly incompetent.Desired Settlement: Although there is permanent damage to the new pool, and the subcontractor cut away the decking (when instructed not to...costing hundreds of dollars in repairs)...I will accept a full refund of funds paid to Flamingo Pools $1,327 - exactly what [redacted] had offered before sending the subcontractor back on-onsite.

Business

Response:

I am writing in response to your letter dated September **, 2013. On May **, 2013 we started the work of installation of an above ground 18x33. The pool was bought by the homeowner. There was an intial complaint by the customer of problems wit h the pool. One of the options given to the customer was a full refund or we would send the installer back to correct the problem. It was agreed upon that the installer would return to the iobsite and correct the problem. Throughout the whole installation the customer was very rude and undermining of our technicians as well as the owner of the company. We continued to work for the customer and complete the installation considering the working conditions. Mr. [redacted] claims we intentionally hid that that wall was not placed in the track. If we had done that pool would of collapsed not remain standing for over a year. Mr. [redacted] first contact with flamingo pools, this year, was via email august **, 2013 not on June ** as stated by My. [redacted]. Mr. [redacted] said he found a problem with the pool. when he was working around the pool, he noticed that the wall was not installed correctly and he had attached pictures for us to look at. Upon inspection of the pictures it appeared that yard work was done around the pool. The dirt was disturbed around the track of the pool. It was also appreared that a support was taken off the pool. I have attached the pictures that Mr. [redacted] had forwarded to me. Our Warranty, from the installer, is from one from the date of installation which was May 2012. This Morning in good faith our company. Went to the homeowner's house to inspect. we had contacted the customer via phone to see if we could get onto the property to inspect the situation. Mr. [redacted] had someone unlock the date so we can get in the back. Our conclusion is that the soil under and around the track has been disturbed, the support was removed and reattached all lending to the fact that the wall has shifted out. The homeowner still has an open balance on his account of 867.04 the total bill for the installation of the pool was $2190.62, I have attached a copy of the bill. The customer refused to pay the balance because he feels that is the cost of refilling the pool, the heat he had used during the time the pool had water as well as any other inconvenienced he has suffered.

In conclusion the homeowner has the chance to use any installer he chooses. He felt comfortable with our company so he had chosen us. We take pride in every pool, in ground or above ground, that we sell or install. We have done everything possible, over and beyond, to correct what had happened. Warranty on our works is one year from the date if install. Flamingo pools has corrected the problem from the installation. we still paid out installers for their time to put up the pool, correct all that was wrong and paid out staff for the time speck via email and phone. Our expenses far exceeded the amount that was paid by the homeowner. Our findings is that the work being done around the pool, by either homeowner or landscaper, proves to us that the soil under and around the track was definitely disturbed thus causing the wall to pop out.

Consumer

Response:

At this time, I have been contacted directly by Flamingo Pool & Spa regarding complaint ID [redacted], however my complaint has NOT been resolved because:

[Although we were recently contacted by [redacted] of Flamingo Pools, her email did not contain any acceptable resolution. In vague terms, and at the advice of the Consumer Affairs Commission of Rockland County, it appears that they are willing to come back and attempt to reinstall the damaged pool wall. There is no mention of how they intend to address the issues - including that now the pool is closed for the season, nor do they explain how they intend to refill the pool at no additional expense to me. Until they can offer a comprehensive plan of how they intend to rectify the damages they caused, I am hesitant to allow them or any of their agents on my property. Upon receipt of a detailed explanation of how they plan to proceed, I am more than willing to,again, attempt to reach a fair resolution

Sincerely,

Business

Response:

Thank you for responding to my email.

I have spoken with [redacted], because I am concerned and quite frankly confused. When we had met with the consumer protection we had informed them that we would come back to straighten the wall, if in fact the wall was not straight. That the pictures showing the ground being disturbed was no indication. That it was something done by our company. When an above ground pool is installed the wall must be in the track for the pool to fill. expand and sit properly. Once the pool was filled it stood because it had the wall in the track and all uprights in place. At that point it is industry standard that the home over create a berm, usually of stone, around the bottom of the pool to protect the bottom wall in the rail from washout. By your own admission you performed landscaping around the pool. instead of protecting the integrity of the bottom wall fail, flamingo pools position is that, the rail was underminsed and that is why the wall came out. Neverthe less the likelihood is either A) It was washed-out because it wasn't properly protected after installation or B) It was undermined during the landscaping process. Either way, even if the bull were paid in full this would not qualify under warranty.

We are happy to come to a resolution with you for the straightness of the wall but we do not have any proof that the wall that came out of the rail, was not distributed by a landscaper, homeowner or an act of God.