Keys Cycles

April 2, 2018 Please allow this letter to serve as a response to the complaint filed by the *** *** family on 3/22/18. KB Custom Pools denies any wrong-doing or breach of contract that has been alleged in this complaint. Specifically: 1. Timeline: The Contract
states that the pool would be complete in working days, from completion of excavation to the application of plaster. This was accomplished in under working days. Although it has been a few months since the contract was signed, the permit process is tedious in the city of lakeway, and the construction was during a particularly rainy and cold part of the year; which contributed to the limited working days. Specifically, during the construction period, there were days when it rained as well as days when the weather was too cold for concrete, masonry, or plaster work to be done. 2. Permitting: A permit was acquired from the City of Lakeway on 9/15/and all inspections except for final have been passed. The remaining items necessary to pass final are scheduled to be complete within hours. 3. Access Route Impact: The Contract agreed to by the *** *** Family and KB Custom Pools states that the Homeowner is responsible for providing access to the location of the pool and will not hold the Builder responsible for damage to underground sprinklers, driveway(s), grass, plants, trees, or utilities along this access path. While a number of these items were impacted during construction, the task of repairing them is the sole responsibility of the homeowner. Oral Agreements: The *** *** Family asserts that there were a number of items that were “promised” but un-delivered, which KB Custom Pools denies. In the construction business, we rely on clear communication to be successful and when it comes to changes or additions to the project, we insist that they be done in writing and agreed to by both parties. Additionally, we work off of construction drawings and renderings, and every facet of the pool, deck, and fireplace were built as agreed in writing. The only change order, which was a signed addendum to the original contract, was completed in full by KB Custom Pools5. Fences and Gates: While it would be ideal to operate a turn-key business that addressed every facet of the backyard, from landscaping to accent gates, the diversity of the components of our customers’ homes prevent that. The types of plants and styles of gates we encounter often require the services of a professional in the landscape and fencing industries; the cost of which is not predictable at the time the contract is signed. With that in mind, we insist that our customers select a professional to ensure their fence & gates around the pool area comply with code as well as the landscape abide by HOA & City requirements. In regards to the *** *** project, they were aware KBCP did not do fence work prior to the permit being approved and may have mis-remembered the conversation via text reflecting that on September 12th, 2017. 6. Communication: The only punch list made available to KBCP was on 1/31/and did not include any of the items listed in this complaint. KB Custom Pools was unaware that any of these items were an issue until we were notified of this complaint. The Owner of KBCP has made himself available via phone, email, and text at all times during construction and any implication to the opposite is untrue. 7. Fireplace: The fireplace was built to customer-approved plans and renderings. KBCP has built and completely burned a fire in the fireplace after the *** *** family brought the concern up to our construction manager. KB Custom Pools has made every effort to complete this pool in a timely manner and abide by the terms of our agreement with the *** *** Family while communicating clearly during the duration of construction. We hope this letter addresses the issues in the complaint satisfactorily and creates a path to resolving any miscommunications. We look forward to serving the *** *** family as well as anyone seeking to build an amazing pool in the Greater Austin area. Sincerely,*** ** ***, OwnerKB Custom Pools

The heater that was installed as part of the equipment set was done so by a Master Plumber, passed inspection by the City of Austin, and complies with all applicable code(s). Only when a larger gas meter was installed after the pool was complete did a problem arise; which is not the
responsibility of KB Custom PoolsFurthermore, KB Custom Pools has not received a written request for warranty service for the heater until notice of this complaint; which is not how we typically handle business

Thank you for your response. Please allow the following bulleted topics to respond to the issues you have brought up.1. Timeline - While excavation may have began on or about 9/22/17, it was not complete until 10/3/17; a date outlined in your contract as the starting point for the Duration of Construction. Additionally, according to the Community Collaborative Rain, Hail, and Snow Network (the organization that provides NASA, NOAA, and The Weather Channel their data), the previously cited accounting of working days is correct. Furthermore, our agreement states that "The date of completion provided shall be extended (5) calendar days for each calendar day of delay caused by any or all of the events referred to in this paragraph, up to and including the sixth (6th) day of delay. Thereafter, the date of completion shall be extended three (3) calendar days for each calendar day of delay." Counting only the top weather events that occurred during construction, our construction deadline could justifiably be extended by a minimum of calendar days. By your calculation of "cold or rainy days", this deadline could be extended by calendar days, or the entire duration of construction. As for the list of items to be complete within hours, the autofill was installed and pipe painting was scheduled; however the type, color, and application of the paint was rejected and, soon after, Mrs*** *** stated clearly in an e-mail that "I will do it myself".2. Fireplace - Following some extensive research and a long conversation with the Head Inspector of your City, the fireplace is not in violation of any codes or ordinances. It has been proven to function properly and its measurements, style, and materials match that of your artistic renderings. 3. Damages - KB will compensate for one instance of a line being cut. Per our agreement, KBCP is not responsible for the replacement of the small tree "reasonably adjacent to the access route" and, as such, we will not be replacing the small tree.4. Fences and Gates - KB maintains that the gate to the screen is the responsibility of the homeowner for the reasons listed in the previous response. With most of homes, there is a stylistic component that must be maintained with doors/windows/gates etcand KBCP does not have the resources to match a gate with the aesthetics of every unique home in the Greater Austin area. We provided the screen (not enclosure) to hide your equipment from the street and neighbors, you need to provide the gate. We hope this adequately addresses each item you have brought up and sets a path for us to finish the project in your new backyard.Regards,KB Custom Pools

Complaint: [redacted]
I am rejecting this response because:Timeline and Permitting: Excavation began on 9/22/17 and the pool was plastered on 1/27/18. According to a The Weather Channels’ website, there were 73 working days and 24 cold or rainy days during that time frame. As of April 8, 2018 we have not been able to pass a final inspection. [redacted] did not complete all items in 24 hours as promised in his recent response. Fireplace: It has come to our attention that the fireplace does not comply with the International Residential Codes. Therefore, we will not be able to pass inspection with the fireplace KB Polls constructed. The fireplace measurements were never put in writing. We were only provided a picture. We agreed on what was in the picture that does not look like the actual fire place. Damages: [redacted] promised to reimburse us for cut lines and also promises to replace the Madrone trees his crew destroyed via text message. Please see attached. Fences and Gates:  KB Pools removed and reinstalled our gate and fence panels in order to access our back yard. We were never told that the gate on the pump house was not included or that KB Pools did not do fence work. In fact, the contract says “pool equipment enclosure”. It does not say partial enclosure or gate not included. Enclosure implies that the area is sealed off with a barrier. Without a gate it is not enclosed. [redacted] did ask me if I had a fence guy that I liked to use and asked me for his contact information. The text conversation that [redacted] claims I “mis-remembered” on September 12th, 2017 is of me providing him with our fence guys contact information. This is also attached.
Regards,
[redacted]