Luxgen Pools and Spas, LLC

To Whom It May Concern: revised revSeptember 30, I met [redacted] this past JulyWhen I met with [redacted] this past summer she told me she had hired different pool companies before and cancelled the jobs with them: [redacted] and [redacted] ***From the time we were hired to the day we left we designed the pool, removed trees, leveled an area for the pool house, excavated an area for the pool ft long ft wide, and between 6-ft deep, made an area for the pool shed, and started building a retaining wallDuring this time frame she changed her mind multiple times on pool & spa modelsBelow is a time frame of from the date we arrived to the date we left with the work we accomplishedAugust 7th we delivered machine August 8th cleaned driveway (Saturday) August 10th removed trees between 80-ft tall and higher with ft and larger diameter around the treeAugust 11th [redacted] came out when we arrived at 8:am and put a hold on the job until 12:because she felt the job was moving too fast & was unsure what she wants to doAt 12: [redacted] came outsideI showed her where the pool was going, some of the trees were in the pool area, and [redacted] agreed to have them cut downAugust 12th [redacted] came out when we arrived at 8:am again told us to wait things are moving too fast, she needs more time to think she’s unsure where she wants to put the filterWe walked the property again at 12:and determined to take more trees down to put the pump and filter in the cornerAugust 13th When we arrived [redacted] told us she was having a shed delivered, on a hill, with a 1/ft of grade change, area would need to be leveled and trees removed to put the shed on the hill [redacted] agreed to make changes for pool shed [redacted] would not be able to get up to deliver the pool shed due to ledge and holes between the rocks [redacted] told us to fill the area in so [redacted] could drive up and put the shed on the property, that it would save her a lot of moneyShe would not need to spend thousands of dollars on a crane to set the pool shed [redacted] told me to coordinate the delivery with [redacted] ***, and whoever could install gravel cheapest could have the jobI spoke to [redacted] they told me $to deliver gravel and spread itI told [redacted] I could do for $ [redacted] was happy with that, and told me to go forward, if " [redacted] brought in the gravel it would have added another day- or two to the jobI trucked in gravel that dayAugust 14th [redacted] told me I couldn’t do any work that day until the shed was delivered that we had to waitAfter the shed was placed on the ground [redacted] came out and had [redacted] change the angle & location of the shed [redacted] then had to rearrange the gravel that I put down, and adjust the shed locationAugust 15th met with client signed contractsAugust 17th excavated area for pool placement & patio area, brought in ripper, put ripper on machine and removed some rockAugust 18th leveled out area filled back inAugust 19th hauled loads of rock off propertyLarge boulders weighing between 3,to 4,lbsAugust 20th chipped up tree brush August 21st rain no workBelow in order are the issues that [redacted] references in her letter that I have addressedI have been installing fiberglass pools for over yearsAll the pools in my portfolio are of pools that I have installed [redacted] told me she was eager to get started and wanted to order the pool shell as soon as possibleI told her I would order the pool, but before we ordered the pool, we needed to complete the pool design, determine placement of the pool, take down the large trees in the backyard, dig the pool hole, and lower the pool into the holeSince her backyard is very tight, and nowhere to place the pool while we worked I told [redacted] that the pool would be on hold, and once ready to be installed we would order the poolI confirmed with the factory that the pool was available on holdWe never give customers an installation deadlineThere are variables on each job such as job site conditions, and hole conditions, that can impact the final day the pool is installedIn reference to us never adding our name on to the permit [redacted] never contacted the town of [redacted] Building Department in front of me, and never told me to add my name to the permit [redacted] told me that her son would handle the permitting process" [redacted] states she never saw a pool designSee Attached file jp 3d pool design.png, jp option .png, & jp option png [redacted] mentions that she had only decided to pay for the pool shell on August 4th, at no point did she tell us, until she cancelled the job on August 21th that she had only decided to pay for the pool shell, and she had us working at her house performing various jobs in her backyard in preparation for her poolAugust 6th [redacted] wanted to meet around 5:pmI had an emergency call at a medical pool facility that I manage at 4:pm, I contacted [redacted] and informed her of the emergency pool call, and that I would contact her when I was doneWhen I contacted [redacted] at 8:pm she told me she had been waiting until 7:pm that she had plans we would meet in the morning at 8:am, which we did [redacted] mentioned that I brought a horse trailer filled with suppliesWe do not own a horse trailerThe “horse trailer” is a black utility trailer; the trailer is not intended or used for horsesThe black trailer is a work trailer, filled with various supplies and tools to help us work efficiently and as quickly as possible when completing jobs for our customersThe black utility trailer was never kept on [redacted] ’s neighbor’s lawn or their drivewayWe bring this trailer with us to jobsites and leave the trailer on site until we are done with the projectI do not know why [redacted] is unable to reach my insurance agentI have two insurance companies that handle my business insuranceAt [redacted] in [redacted] at ###-###-####, and [redacted] & [redacted] at ###-###-####I supplied [redacted] with my insurance certificateSee Attached file jp insurance cert jp.pdf [redacted] told me she got a price of $2,to remove trees from the arboristI told her I would remove trees for $2,Normally I would charge $4, [redacted] never paid for the tree work [redacted] states that we took two trees down and spent the rest of the day cutting firewood to sell each dayWe cut trees down and cut them into large pieces to remove from the property, we did not cut them into firewood to sellNinety nine percent of the trees were removed from her job site by machine, they were too large to handle by handWe did not take [redacted] out of her office many times to discuss the pool during the dayShe kept coming out of her office to make changes [redacted] purchased a pool house from [redacted] ***She states they told her they would install the pool house for around $I did not tell [redacted] that it would be under "$for the gravelI told her it would be cheaper for us to install the gravel since we have machines on siteGravel costs more than $for the material, not including deliveryThe $was to excavate the area, remove boulders, level the area, compact it, set it up for gravel, gravel base, leveled gravel base, and filled area in with dirt to make area accessible for [redacted] to install the pool houseWe also removed trees to install the pool house See Attached file jp pool house.jpg the site in question needed additional work that they did not plan on here is a written pool house estimate form the company for the pool house install see notes from below: John, For a 10XCape Cod style shed with a set of double doors in front, a single side door, and cupola w/ weather vane the price would be $not including taxesfor site work we figure $300-depending on how flat the site it and what kind of preparations are requiredOn a level area normally a shed of this size would be around $for site preparationIf you have any questions give us a callThank you, [redacted] & [redacted] , [redacted] Phone# ###-###-#### [redacted] knew and agreed to all the trees that came down, the additional $was for trees that were removed for the pool houseWhen I met with [redacted] on August 15th I brought stapled contracts to [redacted] for the pool shell, spa shell, and basic installation for the pool & the basic installation for the spaShe signed all the contracts and lost themI resupplied her copiesI have been in business for a long time and bring two sets of contracts that are stapledOne for the client, and one for myselfI would never present unstapled contracts to a clientIt is unprofessional and impractical" [redacted] never told me she was unsure about the spa shell, she changed her mind various times about what model spa shell and whether or not she would order oneShe ultimately cancelled the spa shellThere was no reason for me to ask [redacted] the same questions on August 15th I documented our conversations by text, and notes, as I do with all my customersWhen we hit rock, it should not have been a surprise to [redacted] At our initial meeting I spoke to [redacted] about the strong possibility about hitting ledge, since their was evidence of rock all around propertyI would most likely need to drill and blastHer home sits on top of ledge, and I confirmed with developer and builder of the neighborhood that her lot had the most ledge compared to the other homes in the neighborhoodOn August 17th I delivered the ripper and attached the ripper to the machine, and pulled on some of the rockI told Jeaanie to completely remove the ledge would cost between $10,-$15, [redacted] asked me how I would handle the ledgeWhat would I do if this was my home, and I advised her what I would do would be raise the pool up, to have less rock to break and offset the costI never would of said the rock was too thick to rip or blast I have handled various jobs with different types of ledgeI have the proper tools to get through the ledgeLedge is not included in my basic pool installation priceLedge prices are always additional fees and clearly outlined in my contractI spent part of the week of the 17th to 21st modifying the pool hole, and built a wall base that we agreed tooI excavated the area for forms for base of wall, installed forms, installed base material, & compacted areas in forms, & around forms to stabilize area for wall, and backfilled area for poolI would not spend a week or any time doing work on a client’s home that they did not agree tooI did not leave early every dayI arrived at the job site daily by 8:am and would leave between 3:pm & 4:pm typicallyMany times before 8:am I would be at the quarry picking up materials, and or loading the truck for the day, and when we would arrive back at the shop, would put away materialsI am unsure how [redacted] can determine that my prices were ludicrous at bestI find compared to other people in the industry that my prices tend to be below other companies that work in the same industry [redacted] mentions that I left her yard like a disaster zoneI was unaware that she was going to cancel the job and be told to leaveRegardless we left the yard in a decent "conditionWhen we left we had an in progress excavated area for a pool and wallWe had removed trees, and installed a pool shedThere were areas of the lawn that where left intactTypically once the pool is installed and installation completed we can and have installed for many people, sod, or re-grass seed lawns for peopleMany parts of her grass when we arrived was dead from lack of waterThe wall that we started per [redacted] ’s request she states sits directly in front of her porchThe wall is ft off the porch, and we did not move the pool closer to houseWe stayed within the exact dimensions of the permitThe blocks we ordered from [redacted] On August 18th [redacted] of [redacted] approved a discount of $I gave [redacted] the information that the credit would be $not large at all [redacted] agreed to move forward with the [redacted] blockWe cancelled the [redacted] blocks as they were in transit to her house, the day she cancelled the jobYes we did order the pool shell from [redacted] , We are set up as a dealer [redacted] signed contracts for a pool shell, spa shell, and basic installation for the pool & the basic installation for the spainstall pool and under no circumstances was I allowed to work with someone elseAfter being in business for over years, in my professional opinion the damage to her yard is not unnecessary or extensiveThere is no damage to her yard, her yard was in progress for a swimming pool, patio area, and wall [redacted] mentioned that we scammed a couple in Trumbull for over $100,We have never scammed anyoneProjects can go over $100,for a poolClients tend to add extras once we get on siteSuch as adding sod, outdoor kitchens, additional pavers, etcWe have never changed our company nameWe have been operating as Diamond Pools LLC since we have openedWe had no intention of scamming [redacted] , nor did we scam herWe were working with her to install her pool when she decided to cancel the jobWhich is evident on various levelsWe removed trees at her home, excavated an area for a pool, assisted in a pool shed installation, prepped and installed a wall base, ordered a pool shell, ordered a spa shell, and ordered blocks for a [redacted] wallPolice are filling paperwork for an arrest warrantWe have spoken to an attorney & the police who has advised us that this is not a criminal matter it is a civil matter and police do not get involved with civil matters"We have attempted to resolve this matter with [redacted] and give her a credit for the remaining work that was not completed [redacted] refuses to meet with us and sign a release, releasing us from the job and any additional financial obligationWe do not ignore calls from police, her son, her secretary, or herselfWe have spoken to the police when they called us about this matterAt this point, since we have been unable to reach a resolution with [redacted] All our correspondence with her has been by emailPool Shell Purchase Contract jp shell purchase of 6, jp shell purchase of 6, jp shell purchase of jp shell purchase of 6, jp shell purchase of & jp shell purchase of Basic Pool Installation Contract jp basic pool installation 0f 8, jp basic pool installation 0f 8, jp basic pool installation 0f 8, jp basic pool installation 0f 8, & jp basic pool installation 0f jp basic pool installation 0f jp basic pool installation 0f jp basic pool installation 0f " Sincerely, Brittany D [redacted]

To Whom It May Concern: revised rev.1 September 30, 2015 I met [redacted] this past July. When I met with [redacted] this past summer she told me she had hired 2 different pool companies before and cancelled the jobs with them: [redacted] and [redacted]. From the time we were hired to...

the day we left we designed the pool, removed 8 trees, leveled an area for the pool house, excavated an area for the pool 75 ft long 40 ft wide, and between 6-8 ft deep, made an area for the pool shed, and started building a retaining wall. During this time frame she changed her mind multiple times on pool & spa models. Below is a time frame of from the date we arrived to the date we left with the work we accomplished. August 7th we delivered machine August 8th cleaned driveway (Saturday) August 10th removed trees between 80-100 ft tall and higher with 4 ft and larger diameter around the tree. August 11th [redacted] came out when we arrived at 8:30 am and put a hold on the job until 12:00 because she felt the job was moving too fast & was unsure what she wants to do. At 12:00 [redacted] came outside. I showed her where the pool was going, some of the trees were in the pool area, and [redacted] agreed to have them cut down. August 12th [redacted] came out when we arrived at 8:30 am again told us to wait things are moving too fast, she needs more time to think she’s unsure where she wants to put the filter. We walked the property again at 12:00 and determined to take more trees down to put the pump and filter in the corner. August 13th When we arrived [redacted] told us she was having a shed delivered, on a hill, with a 3 1/2 ft of grade change, area would need to be leveled and trees removed to put the shed on the hill. [redacted] agreed to make changes for pool shed. [redacted] would not be able to get up to deliver the pool shed due to ledge and holes between the rocks. [redacted] told us to fill the area in so [redacted] could drive up and put the shed on the property, that it would save her a lot of money. She would not need to spend thousands of dollars on a crane to set the pool shed. [redacted] told me to coordinate the delivery with [redacted], and whoever could install gravel cheapest could have the job. I spoke to [redacted] they told me $660 to deliver gravel and spread it. I told [redacted] I could do for $640. [redacted] was happy with that, and told me to go forward, if "1 [redacted] brought in the gravel it would have added another day- or two to the job. I trucked in gravel that day. August 14th [redacted] told me I couldn’t do any work that day until the shed was delivered that we had to wait. After the shed was placed on the ground [redacted] came out and had [redacted] change the angle & location of the shed. [redacted] then had to rearrange the gravel that I put down, and adjust the shed location. August 15th met with client signed contracts. August 17th excavated area for pool placement & patio area, brought in ripper, put ripper on machine and removed some rock. August 18th leveled out area filled back in. August 19th hauled 9 loads of rock off property. Large boulders weighing between 3,000 to 4,000 lbs. August 20th chipped up tree brush August 21st rain no work. Below in order are the issues that [redacted] references in her letter that I have addressed. I have been installing fiberglass pools for over 10 years. All the pools in my portfolio are of pools that I have installed. [redacted] told me she was eager to get started and wanted to order the pool shell as soon as possible. I told her I would order the pool, but before we ordered the pool, we needed to complete the pool design, determine placement of the pool, take down the large trees in the backyard, dig the pool hole, and lower the pool into the hole. Since her backyard is very tight, and nowhere to place the pool while we worked I told [redacted] that the pool would be on hold, and once ready to be installed we would order the pool. I confirmed with the factory that the pool was available on hold. We never give customers an installation deadline. There are variables on each job such as job site conditions, and hole conditions, that can impact the final day the pool is installed. In reference to us never adding our name on to the permit. [redacted] never contacted the town of [redacted] Building Department in front of me, and never told me to add my name to the permit. [redacted] told me that her son would handle the permitting process. "2 [redacted] states she never saw a pool design. See Attached file jp 3d pool design.png, jp option 1 .png, & jp option 2 png . [redacted] mentions that she had only decided to pay for the pool shell on August 4th, at no point did she tell us, until she cancelled the job on August 21th that she had only decided to pay for the pool shell, and she had us working at her house performing various jobs in her backyard in preparation for her pool. August 6th [redacted] wanted to meet around 5:00 pm. I had an emergency call at a medical pool facility that I manage at 4:45 pm, I contacted [redacted] and informed her of the emergency pool call, and that I would contact her when I was done. When I contacted [redacted] at 8:04 pm she told me she had been waiting until 7:00 pm that she had plans we would meet in the morning at 8:00 am, which we did. [redacted] mentioned that I brought a horse trailer filled with supplies. We do not own a horse trailer. The “horse trailer” is a black utility trailer; the trailer is not intended or used for horses. The black trailer is a work trailer, filled with various supplies and tools to help us work efficiently and as quickly as possible when completing jobs for our customers. The black utility trailer was never kept on [redacted]’s neighbor’s lawn or their driveway. We bring this trailer with us to jobsites and leave the trailer on site until we are done with the project. I do not know why [redacted] is unable to reach my insurance agent. I have two insurance companies that handle my business insurance. At [redacted] in [redacted] at ###-###-####, and [redacted] & [redacted] at ###-###-####. I supplied [redacted] with my insurance certificate. See Attached file jp insurance cert jp.pdf [redacted] told me she got a price of $2,000 to remove 8 trees from the arborist. I told her I would remove 8 trees for $2,000. Normally I would charge $4,300. [redacted] never paid for the tree work. [redacted] states that we took two trees down and spent the rest of the day cutting firewood to sell each day. We cut trees down and cut them into large pieces to remove from the property, we did not cut them into firewood to sell. Ninety nine percent of the trees were removed from her job site by machine, they were too large to handle by hand. We did not take [redacted] out of her office many times to discuss the pool during the day. She kept coming out of her office to make changes. [redacted] purchased a pool house from [redacted]. She states they told her they would install the pool house for around $200. I did not tell [redacted] that it would be under "3 $200 for the gravel. I told her it would be cheaper for us to install the gravel since we have machines on site. Gravel costs more than $200 for the material, not including delivery. The $970 was to excavate the area, remove boulders, level the area, compact it, set it up for gravel, gravel base, leveled gravel base, and filled area in with dirt to make area accessible for [redacted] to install the pool house. We also removed trees to install the pool house See Attached file jp pool house.jpg the site in question needed additional work that they did not plan on here is a written pool house estimate form the company for the pool house install see notes from below: John, For a 10X14 Cape Cod style shed with a set of double doors in front, a single side door, and cupola w/ weather vane the price would be $4500 not including taxes. for site work we figure $300-900 depending on how flat the site it and what kind of preparations are required. On a level area normally a shed of this size would be around $600 for site preparation. If you have any questions give us a call. Thank you, [redacted] & [redacted] Phone# ###-###-#### [redacted] knew and agreed to all the trees that came down, the additional $880 was for trees that were removed for the pool house. When I met with [redacted] on August 15th I brought stapled contracts to [redacted] for the pool shell, spa shell, and basic installation for the pool & the basic installation for the spa. She signed all the contracts and lost them. I resupplied her copies. I have been in business for a long time and bring two sets of contracts that are stapled. One for the client, and one for myself. I would never present unstapled contracts to a client. It is unprofessional and impractical. "4 [redacted] never told me she was unsure about the spa shell, she changed her mind various times about what model spa shell and whether or not she would order one. She ultimately cancelled the spa shell. There was no reason for me to ask [redacted] the same questions on August 15th I documented our conversations by text, and notes, as I do with all my customers. When we hit rock, it should not have been a surprise to [redacted]. At our initial meeting I spoke to [redacted] about the strong possibility about hitting ledge, since their was evidence of rock all around property. I would most likely need to drill and blast. Her home sits on top of ledge, and I confirmed with developer and builder of the neighborhood that her lot had the most ledge compared to the other homes in the neighborhood. On August 17th I delivered the ripper and attached the ripper to the machine, and pulled on some of the rock. I told Jeaanie to completely remove the ledge would cost between $10,000 -$15,0000. [redacted] asked me how I would handle the ledge. What would I do if this was my home, and I advised her what I would do would be raise the pool up, to have less rock to break and offset the cost. I never would of said the rock was too thick to rip or blast I have handled various jobs with different types of ledge. I have the proper tools to get through the ledge. Ledge is not included in my basic pool installation price. Ledge prices are always additional fees and clearly outlined in my contract. I spent part of the week of the 17th to 21st modifying the pool hole, and built a wall base that we agreed too. I excavated the area for forms for base of wall, installed forms, installed base material, & compacted areas in forms, & around forms to stabilize area for wall, and backfilled area for pool. I would not spend a week or any time doing work on a client’s home that they did not agree too. I did not leave early every day. I arrived at the job site daily by 8:30 am and would leave between 3:00 pm & 4:00 pm typically. Many times before 8:00 am I would be at the quarry picking up materials, and or loading the truck for the day, and when we would arrive back at the shop, would put away materials. I am unsure how [redacted] can determine that my prices were ludicrous at best. I find compared to other people in the industry that my prices tend to be below other companies that work in the same industry. [redacted] mentions that I left her yard like a disaster zone. I was unaware that she was going to cancel the job and be told to leave. Regardless we left the yard in a decent "5 condition. When we left we had an in progress excavated area for a pool and wall. We had removed trees, and installed a pool shed. There were areas of the lawn that where left intact. Typically once the pool is installed and installation completed we can and have installed for many people, sod, or re-grass seed lawns for people. Many parts of her grass when we arrived was dead from lack of water. The wall that we started per [redacted]’s request she states sits directly in front of her porch. The wall is 10 ft off the porch, and we did not move the pool closer to house. We stayed within the exact dimensions of the permit. The blocks we ordered from [redacted]. On August 18th [redacted] of [redacted] approved a discount of $135. I gave [redacted] the information that the credit would be $135 not large at all. [redacted] agreed to move forward with the [redacted] block. We cancelled the [redacted] blocks as they were in transit to her house, the day she cancelled the job. Yes we did order the pool shell from [redacted], We are set up as a dealer. [redacted] signed contracts for a pool shell, spa shell, and basic installation for the pool & the basic installation for the spa. install pool and under no circumstances was I allowed to work with someone else. After being in business for over 15 years, in my professional opinion the damage to her yard is not unnecessary or extensive. There is no damage to her yard, her yard was in progress for a swimming pool, patio area, and wall. [redacted] mentioned that we scammed a couple in Trumbull for over $100,000. We have never scammed anyone. Projects can go over $100,000 for a pool. Clients tend to add extras once we get on site. Such as adding sod, outdoor kitchens, additional pavers, etc. We have never changed our company name. We have been operating as Diamond Pools LLC since we have opened. We had no intention of scamming [redacted], nor did we scam her. We were working with her to install her pool when she decided to cancel the job. Which is evident on various levels. We removed trees at her home, excavated an area for a pool, assisted in a pool shed installation, prepped and installed a wall base, ordered a pool shell, ordered a spa shell, and ordered blocks for a [redacted] wall. Police are filling paperwork for an arrest warrant. We have spoken to an attorney & the police who has advised us that this is not a criminal matter it is a civil matter and police do not get involved with civil matters. "6 We have attempted to resolve this matter with [redacted] and give her a credit for the remaining work that was not completed. [redacted] refuses to meet with us and sign a release, releasing us from the job and any additional financial obligation. We do not ignore calls from police, her son, her secretary, or herself. We have spoken to the police when they called us about this matter. At this point, since we have been unable to reach a resolution with [redacted]. All our correspondence with her has been by email. Pool Shell Purchase Contract jp shell purchase 1 of 6, jp shell purchase 2 of 6, jp shell purchase 3 of 6 jp shell purchase 4 of 6, jp shell purchase 5 of 6. & jp shell purchase 6 of 6 Basic Pool Installation Contract jp basic pool installation 1 0f 8, jp basic pool installation 3 0f 8, jp basic pool installation 5 0f 8, jp basic pool installation 7 0f 8, & jp basic pool installation 8 0f 8 jp basic pool installation 2 0f 8 jp basic pool installation 4 0f 8 jp basic pool installation 6 0f 8 "7  Sincerely, Brittany D[redacted]