Paradise Pools and Spas

09/22/Dear Revdex.com, Thank you for opportunity to respond to this customer’scomplaint We do place a very high valueon the service you perform in the community and are happy to provide a responsefor you and the customerLet me begin with a comprehensive statement about thisproject and then I will respond to the customer’s statement point bypoint When this project was signed Ireally felt good about it The customer,his wife and I had detailed conversations about what the project wouldinvolve The need for access wasdiscussed because this yard was very tight, making it really difficult to movethe needed equipment around Project detailswere discussed concerning the concrete deck and its drainage as well as theSundeck/tanning ledge that was to be installedEmphasis was put on the fact that the backyard would be “torn up”, wouldbe a “mess”, but we would put in back into shape as the project wentalong Anything in the backyard,especially preexisting landscaping, would be subject to damage if left theredue to the extensive excavation, breaking of the concrete deck with jackhammers and excavators (incidentally the concrete deck was attached to thebrick house) and then the backfilling of the pool and tractor work needed inthis space-limited backyard A statementthat I make to every customer I do a project for was also made to them It goes something like, “No construction projectgoes perfect There are alwaysissues However, we feel that it allcomes down to how those issues are handled.” All of this seemed to be understood and well received However, as the project developed, thecustomer seemed to have a selective memoryThey stated they didn’t remember certain aspects of the detailedconversations, details that we include in every presentation we make At this point the customer began to blame usfor every misunderstanding and issue that arose Some of these issues were discussed inadvance, yet they refused to recognize this, expecting us to take fullresponsibility for their misunderstandingsOther issues were project related, unique to their circumstance, yetthey expected us to take full responsibility for their unreasonableexpectations Thus the job quicklybecame the most difficult job I have worked on in over a decade In the end the job was terminated due thecustomer’s refusal to pay for equipment that was already installed per theirrequest and for their refusal to pay for the remaining work to be done, namelythe installation of a new slide Currently,the customer owes us $to complete the project This includes the original contract ($25950.00)and the additional work authorized by the customer ($3819.00) including extraconcrete poured on the deck, the additional pool equipment installed andchanges made in project Thirty-Fivehundred ($3500) of this total is for the new slide that was not installed dueto refusal to pay Subtracting the slideamount from the totals leaves $currently owed for services rendered We are happy to provide the slide to thecustomer at an additional $ Wedo not wish to install the slide for obvious reasonsWith all of that said, I will now take the customer’scomplaint point-by-point:ContractThe contract was originally for $ $was paid at signing$was paid at time work began$was to be paid at completionTo date all work on contract has been completedaccept for the installation of a slide valued in the contract at $ Extra concrete was poured per request - $1000.00additionalAdditional equipment was installed per request -$1819.00Customer changed pool specs from original quoteresulting in additional costs of $However, we requested only $from the customerCustomer paid additional payment of $3500towards project totalResulting total project cost $25950-5000-17000+1000+1819+1000-3500=$4269balance less minus $slide = $Due and unpaid.If customer wants the slide delivered to theirhouse, $is the cost of the slide and delivery Patio Blocks/GrillCustomer is referring to approximately patiobricks that were around a grill standing within feet of majorconstruction As mentioned, customer wasinformed in advance of the access required and the extensive nature of theexcavation, demolition and repair Theworkers did their best to keep dirt away from the grill area However, customer saw no need to move the blocksor grill leaving them for us to work around.Contract states, “It is understood that ParadisePools and Spas will be permitted free and ready access to the pool site andadequate working room Any damage tolandscape is the responsibility of the customer.”BrickCustomer is referring to a piece of brickapproximately 2.25”x3.5” and less than a ½” thick that broke off the face of ahouse brick when we were jackhammering the concrete deck attached to the brickof the house as requested I honestly donot know what the customer expected in the case When you forcefully remove concrete withjackhammers and other necessary equipment, any items attached to what is beingworked on are subject to damage Despitebreaking up concrete along more than feet of attached brick wall, only onesmall piece of brick was damaged In theconstruction and remodeling world this is completely acceptable We feel this issue also comes under the abovestatement concerning access In additionit is only reasonable to expect some damage when breaking a concrete deckattached to a brick structureSeptic Tank – Plastic capI cannot say with any certainty that we didbreak or did not break the plastic cap on the septic system What I can say with certainty is that wereplaced it with a new one.Plastic Kiddie Pool with mixed concreteThere was a plastic kiddie pool on the job usedby the concrete pumping company to clean out the concrete pump This company always leaves the kiddie pool onthe job for us to haul off When thecustomer asked what is it was for, we explained Additionally we informed them that it wouldbe hauled off with all other debris at the end of job They never requested we remove it before then Tanning LedgeThe sundeck/tanning ledge on this job wasactually a personal recommendation of mineThe customer originally only wanted the pool bottom to be reshaped When I told them about the availability ofthe sundeck, they were intrigued I didexplain the dimensions in detail, more than once I explained that the shallow end wall had a40” finish The sundeck wall would riseabove the floor 20” That would leave a20” ledge with approximately 16” of water We have sold similar products throughout the last years, all of them beingthe same depth in the tanning area Theydid not complain until the ledge was installed and they could actually see whatwas being built When approached withthe change I was shocked they had not understood what they had purchased I explained the process of making the changeand the cost involved The customer andI had an understanding that this change would incur additional cost I personally told him the change was a$3000-retail expense However Ivolunteered to keep cost down and only charge him for actual cost of making thechange The actual cost came to$ Yet we only asked for $1000.00.As concerns what the internet says about tanningledge depths I can only say that the internet is not the authority or theexpert Fact is tanning ledges come inmany different depths, ranging form 6”-24”(Incidentally the internet agrees with this statement.) In addition they vary in depth based on typeof construction –gunite, vinyl, or fiberglassWe choose to sell the one described above and have had good successdoing so No one we have install atanning ledge/sundeck for has been disappointed until this customer Still we attempted to make it right,redesigning the tanning ledge specifically for her Despite agreeing to pay the cost difference,the customer now refuses to pay the balance of the contract.HandrailThe customer did tell us where they wanted thehandrail This was done over thetelephone We attempted to put thehandrail where we thought the customer wanted it This was not pleasing to the customer As I was making arrangements for the handrailto be relocated at the last minute the customer suggested we do away with thehandrail He ask if the handrail wasnecessary I told him it was notnecessary He informed us to simplyremove it We did Nothing else was discussed Concrete Deck There were a few issues with the concretedeck The joints were a littlerough There was more color variationthan usual However everything possiblewas done to please the customer yet they could not be pleased We fixed the joints to the best of ourability (Specifically one joint wasleft a little rough due to location of the joint.) We rock sanded all rough edges across theentire deck We even attempted toeliminate at puddle that resulted from trying to run drain water for more thanfeet down the length of the deckThis puddle was only ftx ftand only ¼” deep Again this is acceptable in the constructionand remodeling business Yet to make thecustomer happy we spent many hours attempting to eliminate the smallpuddle Once done we then madearrangements to stain the deck with a solid color of their choice This would give them that new, fresh lookthey wanted and cover all color variationsThe staining and other deck repair was performed at no cost to thecustomer but cost us over $in materials and labor.Drainage was an issue with the deck from thebeginning The preexisting deck washolding more than an inch of water at the patio door and garage doorentrance This puddle of water waslarger than ftx 6ft I did guaranteethe customer no water would be left standing outside those two doors This was accomplished The next obstacle was to get the deck todrain down the more than 40’ of walking areaThe options were to put the water in the flower bed (the customer didnot want this), install a drain down the entire length of the walking area (thecustomer did not want this as it would be directly in the walking area), orattempt to run the water the entire 40+ ftNo one in the concrete industry will guarantee having no puddles whentrying to run water that far I simplystated we would do our best We did ourbest and were left with a small puddle measuring approximately ftx ft.and only ¼ inch deep Despite thissuccess the customer was completely unhappyWe attempted to fix the issue as described above but were unsuccessfulin making them happyConcerning the concrete deck finish, ourbelief is that the customer simply did not understand what they were purchasingwith a rock salt finish Its design isto be raw, rustic, have color variation, a totally random pattern and have anoverall rough look, to look antique However,once the deck was poured the customer said they wanted the deck to look freshand new, with no color variations Thiswas simply not the finish for them Yetthey chose this finish even after looking at pictures of similar decks Despite the finish being their own choice, weattempted to make them happy, spend much time sanding, shaping and staining thedeck with their color choice Still theycould not be made happy.Pump and FilterCustomer requested a new filter, chlorinator andFrog sanitizing system A price of $1000was given for the equipment and installationNext the customer requested a new pumpA price of $was given for the pump and installation With applicable taxes the total for theadditional equipment came to $ The customer attempted to backwash his poolbefore the plumbing was completed on the system He was informed that additional plumbing(connecting his preexisting drain line to the new equipment) was not yetdone Still he attempted to backwash notrealizing it would result in “water shooting out the side of the filter” Once the plumbing was completed there was noissue.There was a defective o’ring on the filtervalve Once aware of the defectiveo’ring it was replaced.An explanation for the water “running out of apipe coming off the deep end of the pool” was given to the customer However the customer did not understandit He mistakenly thought that this “leak”was related to the pump and filter or the plumbing of the pool It was not related in any way to the plumbingor the new pump and filter This pipe inquestion is attached to an underwater light niche (a housing that encases the actualpool light) This niche has a pipe orconduit attached to the back side of itThrough this pipe the electrical wire for the light is pulled throughand connects to an electrical junction box The pipe’s design is to hold water to thepoint it surfaces above the pool water leverOnce the conduit is extended above the water level, it will not leak The customer overfilled the pool, resulting inwater coming out of the pipe Once thispipe was extended above the water line there were no more issues.LadderI personally have no knowledge that one of theladder treads was broken JetsWhen the pool was started up after the new pumpand filter was installed, the deep end jet did not have any pressure We identified the issue and fixed it The jet is now completely operational.Slide and water lineThe slide purchased does not require water It has a surface that is somewhat slippery onits own However, we prefer to have awater connection Our opinion is thatthe water makes for a better slide experienceThe water connection was to be supplied or stubbed up right next to theslide, outside the concrete deck Therewould have been no issues with the connectionWe explained why we did not stub the pipe through the deck However the customer simply did not except orunderstand our explanation At thispoint they did not want to understand anything The internet again became their authority.I do not know why the customer thinks the slidewas never ordered It has been in our stocksince July 1, Fence Posts Two metal fence posts were damaged during theremodeling process due to the extremely tight confines of the backyard A front end loader, excavator, and a tractorwith box blade and front loader were all needed to accomplish the job During the maneuvering of the equipment theposts were bent The customer wasinformed by me personally that the post were damaged and informed at the sametime that we would replace them At thetime he completely understood why and how the posts were damaged He even seemed grateful we offered to fixthem at no cost Again we discussed howtight the backyard was.We offered to fix these post despite the accessclause in the contract (Contractstates, “It is understood that Paradise Pools and Spas will be permitted freeand ready access to the pool site and adequate working room Any damage to landscape is the responsibilityof the customer.”)The fence post were to be fixed at the time theslide was installed Materials werepurchased and delivered to job The postwere in process of being fixed when the customer informed us he would be not payingany more money on this job despite owing $4269.00LandscapingAs already mentioned the customer was informedthat any landscaping in the immediate area was subject to damage to theextensive excavation and remodeling being doneThe azalea bushes are within 10’ of the pool water and right next to thedeck that was removed and re-pouredOnly minor damage occurred.Again the contract states, “It is understoodthat Paradise Pools and Spas will be permitted free and ready access to thepool site and adequate working room Anydamage to landscape is the responsibility of the customer.”Breach of ContractAccording to the contract signed by thecustomer, “any materials and/or equipment used in this job will remain theproperty of the Dealer until final payment is made by the customer If final payment is not made upon completionas agreed, customer agrees to allow dealer full and ready access to propertywithout fear of trespassing charges or other reprisal from customer so thatdealer may retrieve any and all materials and/or equipment for which paymenthas not been fully received.”As previously stated, the customer informed usthat he was not going to pay the final payment or any other money for anyreason Thus we feel that the customeris the one in Breach of Contract.We have not attempted to retrieve the pump,filter, chlorinator, or Frog sanitation system despite these items not beingpaid in full According to the contractthese items still belong to us Inaddition the slide belong to us as well for the same reason, non-payment.Desired Solution The customer currently owes $for servicesand equipment installed upon their requestDue to their unreasonableness and unwillingness to understand basicremodeling and construction issues, we do not wish to pursue this matterfurther and are willing to let the customer keep the $ All warranties for the equipment andmaterials used on the job are through the manufacturer and they are free tocontact them should any warranty issues occurHowever, there is no warranty through Paradise Pools and Spas if thebalance is not paid in full.The $for the slide was not paid Therefore the slide does not belong to thecustomer It will be put back into ourinventory and soldI hope this clarifies the issues with this job andcustomer We feel saddened that we couldnot please this customer and come to an equitable arrangement Despite our best efforts to fix what neededto be fix, or simply appease the customer due to their misunderstandings orunrealistic expectations, we were unable to satisfy this customer However, it is our experience that somecustomers simply cannot be pleased Wefeel that this is one of those customers Thank you for allowing us the opportunity to tell our sideof the dispute For years we have beenmembers of the Revdex.com and value the efforts you put intoprotecting our community If you haveany further questions concerning this or any other project, please do nothesitate to contact usSincerely yours, [redacted] ***PresidentParadise Pools and SpasPearl, MSTell us why here

09/22/2015 Dear Revdex.com, Thank you for opportunity to respond to this customer’scomplaint.  We do place a very high valueon the service you perform in the community and are happy to provide a responsefor you and the...

customer. Let me begin with a comprehensive statement about thisproject and then I will respond to the customer’s statement point bypoint.  When this project was signed Ireally felt good about it.  The customer,his wife and I had detailed conversations about what the project wouldinvolve.  The need for access wasdiscussed because this yard was very tight, making it really difficult to movethe needed equipment around.  Project detailswere discussed concerning the concrete deck and its drainage as well as theSundeck/tanning ledge that was to be installed. Emphasis was put on the fact that the backyard would be “torn up”, wouldbe a “mess”, but we would put in back into shape as the project wentalong.  Anything in the backyard,especially preexisting landscaping, would be subject to damage if left theredue to the extensive excavation, breaking of the concrete deck with jackhammers and excavators (incidentally the concrete deck was attached to thebrick house) and then the backfilling of the pool and tractor work needed inthis space-limited backyard.  A statementthat I make to every customer I do a project for was also made to them.  It goes something like, “No construction projectgoes perfect.  There are alwaysissues.  However, we feel that it allcomes down to how those issues are handled.” All of this seemed to be understood and well received.  However, as the project developed, thecustomer seemed to have a selective memory. They stated they didn’t remember certain aspects of the detailedconversations, details that we include in every presentation we make.  At this point the customer began to blame usfor every misunderstanding and issue that arose.  Some of these issues were discussed inadvance, yet they refused to recognize this, expecting us to take fullresponsibility for their misunderstandings. Other issues were project related, unique to their circumstance, yetthey expected us to take full responsibility for their unreasonableexpectations.  Thus the job quicklybecame the most difficult job I have worked on in over a decade.  In the end the job was terminated due thecustomer’s refusal to pay for equipment that was already installed per theirrequest and for their refusal to pay for the remaining work to be done, namelythe installation of a new slide.  Currently,the customer owes us $4269.00 to complete the project.  This includes the original contract ($25950.00)and the additional work authorized by the customer ($3819.00) including extraconcrete poured on the deck, the additional pool equipment installed andchanges made in project.  Thirty-Fivehundred ($3500) of this total is for the new slide that was not installed dueto refusal to pay.  Subtracting the slideamount from the totals leaves $769.00 currently owed for services rendered.  We are happy to provide the slide to thecustomer at an additional $3500.00.  Wedo not wish to install the slide for obvious reasons. With all of that said, I will now take the customer’scomplaint point-by-point:ContractThe contract was originally for $25950.00.  $5000.00 was paid at signing$17000.00 was paid at time work began$3950.00 was to be paid at completionTo date all work on contract has been completedaccept for the installation of a slide valued in the contract at $3500.00.  Extra concrete was poured per request - $1000.00additionalAdditional equipment was installed per request -$1819.00Customer changed pool specs from original quoteresulting in additional costs of $1400.00. However, we requested only $1000.00 from the customerCustomer paid additional payment of $3500towards project totalResulting total project cost $25950-5000-17000+1000+1819+1000-3500=$4269balance less minus $3500 slide = $769.00 Due and unpaid.If customer wants the slide delivered to theirhouse, $3500 is the cost of the slide and delivery Patio Blocks/GrillCustomer is referring to approximately 5 patiobricks that were around a grill standing within 15 feet of majorconstruction.  As mentioned, customer wasinformed in advance of the access required and the extensive nature of theexcavation, demolition and repair.  Theworkers did their best to keep dirt away from the grill area.  However, customer saw no need to move the blocksor grill leaving them for us to work around.Contract states, “It is understood that ParadisePools and Spas will be permitted free and ready access to the pool site andadequate working room.  Any damage tolandscape is the responsibility of the customer.”BrickCustomer is referring to a piece of brickapproximately 2.25”x3.5” and less than a ½” thick that broke off the face of ahouse brick when we were jackhammering the concrete deck attached to the brickof the house as requested.  I honestly donot know what the customer expected in the case.  When you forcefully remove concrete withjackhammers and other necessary equipment, any items attached to what is beingworked on are subject to damage.  Despitebreaking up concrete along more than 40 feet of attached brick wall, only onesmall piece of brick was damaged.  In theconstruction and remodeling world this is completely acceptable.  We feel this issue also comes under the abovestatement concerning access.  In additionit is only reasonable to expect some damage when breaking a concrete deckattached to a brick structure. Septic Tank – Plastic capI cannot say with any certainty that we didbreak or did not break the plastic cap on the septic system.  What I can say with certainty is that wereplaced it with a new one.Plastic Kiddie Pool with mixed concreteThere was a plastic kiddie pool on the job usedby the concrete pumping company to clean out the concrete pump.  This company always leaves the kiddie pool onthe job for us to haul off.  When thecustomer asked what is it was for, we explained.  Additionally we informed them that it wouldbe hauled off with all other debris at the end of job.  They never requested we remove it before then.  Tanning LedgeThe sundeck/tanning ledge on this job wasactually a personal recommendation of mine. The customer originally only wanted the pool bottom to be reshaped.  When I told them about the availability ofthe sundeck, they were intrigued.  I didexplain the dimensions in detail, more than once.  I explained that the shallow end wall had a40” finish.  The sundeck wall would riseabove the floor 20”.  That would leave a20” ledge with approximately 16” of water.  We have sold similar products   throughout the last 2 years, all of them beingthe same depth in the tanning area.  Theydid not complain until the ledge was installed and they could actually see whatwas being built.  When approached withthe change I was shocked they had not understood what they had purchased.  I explained the process of making the changeand the cost involved.  The customer andI had an understanding that this change would incur additional cost.  I personally told him the change was a$3000-4000 retail expense.  However Ivolunteered to keep cost down and only charge him for actual cost of making thechange.  The actual cost came to$1400.  Yet we only asked for $1000.00.As concerns what the internet says about tanningledge depths I can only say that the internet is not the authority or theexpert.  Fact is tanning ledges come inmany different depths, ranging form 6”-24”. (Incidentally the internet agrees with this statement.)  In addition they vary in depth based on typeof construction –gunite, vinyl, or fiberglass. We choose to sell the one described above and have had good successdoing so.  No one we have install atanning ledge/sundeck for has been disappointed until this customer.  Still we attempted to make it right,redesigning the tanning ledge specifically for her.  Despite agreeing to pay the cost difference,the customer now refuses to pay the balance of the contract.HandrailThe customer did tell us where they wanted thehandrail.  This was done over thetelephone.  We attempted to put thehandrail where we thought the customer wanted it.  This was not pleasing to the customer.  As I was making arrangements for the handrailto be relocated at the last minute the customer suggested we do away with thehandrail.  He ask if the handrail wasnecessary.  I told him it was notnecessary.  He informed us to simplyremove it.  We did.  Nothing else was discussed.  Concrete Deck There were a few issues with the concretedeck.  The joints were a littlerough.  There was more color variationthan usual.  However everything possiblewas done to please the customer yet they could not be pleased.  We fixed the joints to the best of ourability.  (Specifically one joint wasleft a little rough due to location of the joint.)  We rock sanded all rough edges across theentire deck.  We even attempted toeliminate at puddle that resulted from trying to run drain water for more than40 feet down the length of the deck. This puddle was only 1.5 ft. x 3 ft. and only ¼” deep.  Again this is acceptable in the constructionand remodeling business.  Yet to make thecustomer happy we spent many hours attempting to eliminate the smallpuddle.  Once done we then madearrangements to stain the deck with a solid color of their choice.  This would give them that new, fresh lookthey wanted and cover all color variations. The staining and other deck repair was performed at no cost to thecustomer but cost us over $1500.00 in materials and labor.Drainage was an issue with the deck from thebeginning.  The preexisting deck washolding more than an inch of water at the patio door and garage doorentrance.  This puddle of water waslarger than 6 ft. x 6ft.  I did guaranteethe customer no water would be left standing outside those two doors.  This was accomplished.  The next obstacle was to get the deck todrain down the more than 40’ of walking area. The options were to put the water in the flower bed (the customer didnot want this), install a drain down the entire length of the walking area (thecustomer did not want this as it would be directly in the walking area), orattempt to run the water the entire 40+ ft. No one in the concrete industry will guarantee having no puddles whentrying to run water that far.  I simplystated we would do our best.  We did ourbest and were left with a small puddle measuring approximately 1.5 ft. x 3 ft.and only ¼ inch deep.  Despite thissuccess the customer was completely unhappy. We attempted to fix the issue as described above but were unsuccessfulin making them happy. Concerning the concrete deck finish, ourbelief is that the customer simply did not understand what they were purchasingwith a rock salt finish.  Its design isto be raw, rustic, have color variation, a totally random pattern and have anoverall rough look, to look antique.  However,once the deck was poured the customer said they wanted the deck to look freshand new, with no color variations.   Thiswas simply not the finish for them.  Yetthey chose this finish even after looking at pictures of similar decks.  Despite the finish being their own choice, weattempted to make them happy, spend much time sanding, shaping and staining thedeck with their color choice.  Still theycould not be made happy.Pump and FilterCustomer requested a new filter, chlorinator andFrog sanitizing system.  A price of $1000was given for the equipment and installation. Next the customer requested a new pump. A price of $700 was given for the pump and installation.  With applicable taxes the total for theadditional equipment came to $1819.00.    The customer attempted to backwash his poolbefore the plumbing was completed on the system.  He was informed that additional plumbing(connecting his preexisting drain line to the new equipment) was not yetdone.  Still he attempted to backwash notrealizing it would result in “water shooting out the side of the filter”.  Once the plumbing was completed there was noissue.There was a defective o’ring on the filtervalve.  Once aware of the defectiveo’ring it was replaced.An explanation for the water “running out of apipe coming off the deep end of the pool” was given to the customer.  However the customer did not understandit.  He mistakenly thought that this “leak”was related to the pump and filter or the plumbing of the pool.  It was not related in any way to the plumbingor the new pump and filter.  This pipe inquestion is attached to an underwater light niche (a housing that encases the actualpool light).  This niche has a pipe orconduit attached to the back side of it. Through this pipe the electrical wire for the light is pulled throughand connects to an electrical junction box.  The pipe’s design is to hold water to thepoint it surfaces above the pool water lever. Once the conduit is extended above the water level, it will not leak.  The customer overfilled the pool, resulting inwater coming out of the pipe.  Once thispipe was extended above the water line there were no more issues.LadderI personally have no knowledge that one of theladder treads was broken.  JetsWhen the pool was started up after the new pumpand filter was installed, the deep end jet did not have any pressure.  We identified the issue and fixed it.  The jet is now completely operational.Slide and water lineThe slide purchased does not require water.  It has a surface that is somewhat slippery onits own.  However, we prefer to have awater connection.  Our opinion is thatthe water makes for a better slide experience. The water connection was to be supplied or stubbed up right next to theslide, outside the concrete deck.  Therewould have been no issues with the connection. We explained why we did not stub the pipe through the deck.  However the customer simply did not except orunderstand our explanation.  At thispoint they did not want to understand anything.  The internet again became their authority.I do not know why the customer thinks the slidewas never ordered.  It has been in our stocksince July 1, 2015.  Fence Posts Two metal fence posts were damaged during theremodeling process due to the extremely tight confines of the backyard.  A front end loader, excavator, and a tractorwith box blade and front loader were all needed to accomplish the job.  During the maneuvering of the equipment theposts were bent.  The customer wasinformed by me personally that the post were damaged and informed at the sametime that we would replace them.  At thetime he completely understood why and how the posts were damaged.  He even seemed grateful we offered to fixthem at no cost.  Again we discussed howtight the backyard was.We offered to fix these post despite the accessclause in the contract.  (Contractstates, “It is understood that Paradise Pools and Spas will be permitted freeand ready access to the pool site and adequate working room.  Any damage to landscape is the responsibilityof the customer.”)The fence post were to be fixed at the time theslide was installed.  Materials werepurchased and delivered to job.  The postwere in process of being fixed when the customer informed us he would be not payingany more money on this job despite owing $4269.00LandscapingAs already mentioned the customer was informedthat any landscaping in the immediate area was subject to damage to theextensive excavation and remodeling being done. The azalea bushes are within 10’ of the pool water and right next to thedeck that was removed and re-poured. Only minor damage occurred.Again the contract states, “It is understoodthat Paradise Pools and Spas will be permitted free and ready access to thepool site and adequate working room.  Anydamage to landscape is the responsibility of the customer.”Breach of ContractAccording to the contract signed by thecustomer, “any materials and/or equipment used in this job will remain theproperty of the Dealer until final payment is made by the customer.  If final payment is not made upon completionas agreed, customer agrees to allow dealer full and ready access to propertywithout fear of trespassing charges or other reprisal from customer so thatdealer may retrieve any and all materials and/or equipment for which paymenthas not been fully received.”As previously stated, the customer informed usthat he was not going to pay the final payment or any other money for anyreason.  Thus we feel that the customeris the one in Breach of Contract.We have not attempted to retrieve the pump,filter, chlorinator, or Frog sanitation system despite these items not beingpaid in full.  According to the contractthese items still belong to us.  Inaddition the slide belong to us as well for the same reason, non-payment.Desired Solution The customer currently owes $769.00 for servicesand equipment installed upon their request. Due to their unreasonableness and unwillingness to understand basicremodeling and construction issues, we do not wish to pursue this matterfurther and are willing to let the customer keep the $769.00.  All warranties for the equipment andmaterials used on the job are through the manufacturer and they are free tocontact them should any warranty issues occur. However, there is no warranty through Paradise Pools and Spas if thebalance is not paid in full.The $3500.00 for the slide was not paid.  Therefore the slide does not belong to thecustomer.  It will be put back into ourinventory and sold. I hope this clarifies the issues with this job andcustomer.  We feel saddened that we couldnot please this customer and come to an equitable arrangement.  Despite our best efforts to fix what neededto be fix, or simply appease the customer due to their misunderstandings orunrealistic expectations, we were unable to satisfy this customer.  However, it is our experience that somecustomers simply cannot be pleased.  Wefeel that this is one of those customers.  Thank you for allowing us the opportunity to tell our sideof the dispute.  For years we have beenmembers of the Revdex.com and value the efforts you put intoprotecting our community.  If you haveany further questions concerning this or any other project, please do nothesitate to contact us. Sincerely yours,  [redacted]PresidentParadise Pools and SpasPearl, MSTell us why here...

09/22/2015 Dear Revdex.com, Thank you for opportunity to respond to this customer’scomplaint.  We do place a very high valueon the service you perform in the community and are happy to provide a responsefor you and the customer. Let me begin with a comprehensive statement about...

thisproject and then I will respond to the customer’s statement point bypoint.  When this project was signed Ireally felt good about it.  The customer,his wife and I had detailed conversations about what the project wouldinvolve.  The need for access wasdiscussed because this yard was very tight, making it really difficult to movethe needed equipment around.  Project detailswere discussed concerning the concrete deck and its drainage as well as theSundeck/tanning ledge that was to be installed. Emphasis was put on the fact that the backyard would be “torn up”, wouldbe a “mess”, but we would put in back into shape as the project wentalong.  Anything in the backyard,especially preexisting landscaping, would be subject to damage if left theredue to the extensive excavation, breaking of the concrete deck with jackhammers and excavators (incidentally the concrete deck was attached to thebrick house) and then the backfilling of the pool and tractor work needed inthis space-limited backyard.  A statementthat I make to every customer I do a project for was also made to them.  It goes something like, “No construction projectgoes perfect.  There are alwaysissues.  However, we feel that it allcomes down to how those issues are handled.” All of this seemed to be understood and well received.  However, as the project developed, thecustomer seemed to have a selective memory. They stated they didn’t remember certain aspects of the detailedconversations, details that we include in every presentation we make.  At this point the customer began to blame usfor every misunderstanding and issue that arose.  Some of these issues were discussed inadvance, yet they refused to recognize this, expecting us to take fullresponsibility for their misunderstandings. Other issues were project related, unique to their circumstance, yetthey expected us to take full responsibility for their unreasonableexpectations.  Thus the job quicklybecame the most difficult job I have worked on in over a decade.  In the end the job was terminated due thecustomer’s refusal to pay for equipment that was already installed per theirrequest and for their refusal to pay for the remaining work to be done, namelythe installation of a new slide.  Currently,the customer owes us $4269.00 to complete the project.  This includes the original contract ($25950.00)and the additional work authorized by the customer ($3819.00) including extraconcrete poured on the deck, the additional pool equipment installed andchanges made in project.  Thirty-Fivehundred ($3500) of this total is for the new slide that was not installed dueto refusal to pay.  Subtracting the slideamount from the totals leaves $769.00 currently owed for services rendered.  We are happy to provide the slide to thecustomer at an additional $3500.00.  Wedo not wish to install the slide for obvious reasons. With all of that said, I will now take the customer’scomplaint point-by-point:ContractThe contract was originally for $25950.00.  $5000.00 was paid at signing$17000.00 was paid at time work began$3950.00 was to be paid at completionTo date all work on contract has been completedaccept for the installation of a slide valued in the contract at $3500.00.  Extra concrete was poured per request - $1000.00additionalAdditional equipment was installed per request -$1819.00Customer changed pool specs from original quoteresulting in additional costs of $1400.00. However, we requested only $1000.00 from the customerCustomer paid additional payment of $3500towards project totalResulting total project cost $25950-5000-17000+1000+1819+1000-3500=$4269balance less minus $3500 slide = $769.00 Due and unpaid.If customer wants the slide delivered to theirhouse, $3500 is the cost of the slide and delivery Patio Blocks/GrillCustomer is referring to approximately 5 patiobricks that were around a grill standing within 15 feet of majorconstruction.  As mentioned, customer wasinformed in advance of the access required and the extensive nature of theexcavation, demolition and repair.  Theworkers did their best to keep dirt away from the grill area.  However, customer saw no need to move the blocksor grill leaving them for us to work around.Contract states, “It is understood that ParadisePools and Spas will be permitted free and ready access to the pool site andadequate working room.  Any damage tolandscape is the responsibility of the customer.”BrickCustomer is referring to a piece of brickapproximately 2.25”x3.5” and less than a ½” thick that broke off the face of ahouse brick when we were jackhammering the concrete deck attached to the brickof the house as requested.  I honestly donot know what the customer expected in the case.  When you forcefully remove concrete withjackhammers and other necessary equipment, any items attached to what is beingworked on are subject to damage.  Despitebreaking up concrete along more than 40 feet of attached brick wall, only onesmall piece of brick was damaged.  In theconstruction and remodeling world this is completely acceptable.  We feel this issue also comes under the abovestatement concerning access.  In additionit is only reasonable to expect some damage when breaking a concrete deckattached to a brick structure. Septic Tank – Plastic capI cannot say with any certainty that we didbreak or did not break the plastic cap on the septic system.  What I can say with certainty is that wereplaced it with a new one.Plastic Kiddie Pool with mixed concreteThere was a plastic kiddie pool on the job usedby the concrete pumping company to clean out the concrete pump.  This company always leaves the kiddie pool onthe job for us to haul off.  When thecustomer asked what is it was for, we explained.  Additionally we informed them that it wouldbe hauled off with all other debris at the end of job.  They never requested we remove it before then.  Tanning LedgeThe sundeck/tanning ledge on this job wasactually a personal recommendation of mine. The customer originally only wanted the pool bottom to be reshaped.  When I told them about the availability ofthe sundeck, they were intrigued.  I didexplain the dimensions in detail, more than once.  I explained that the shallow end wall had a40” finish.  The sundeck wall would riseabove the floor 20”.  That would leave a20” ledge with approximately 16” of water.  We have sold similar products   throughout the last 2 years, all of them beingthe same depth in the tanning area.  Theydid not complain until the ledge was installed and they could actually see whatwas being built.  When approached withthe change I was shocked they had not understood what they had purchased.  I explained the process of making the changeand the cost involved.  The customer andI had an understanding that this change would incur additional cost.  I personally told him the change was a$3000-4000 retail expense.  However Ivolunteered to keep cost down and only charge him for actual cost of making thechange.  The actual cost came to$1400.  Yet we only asked for $1000.00.As concerns what the internet says about tanningledge depths I can only say that the internet is not the authority or theexpert.  Fact is tanning ledges come inmany different depths, ranging form 6”-24”. (Incidentally the internet agrees with this statement.)  In addition they vary in depth based on typeof construction –gunite, vinyl, or fiberglass. We choose to sell the one described above and have had good successdoing so.  No one we have install atanning ledge/sundeck for has been disappointed until this customer.  Still we attempted to make it right,redesigning the tanning ledge specifically for her.  Despite agreeing to pay the cost difference,the customer now refuses to pay the balance of the contract.HandrailThe customer did tell us where they wanted thehandrail.  This was done over thetelephone.  We attempted to put thehandrail where we thought the customer wanted it.  This was not pleasing to the customer.  As I was making arrangements for the handrailto be relocated at the last minute the customer suggested we do away with thehandrail.  He ask if the handrail wasnecessary.  I told him it was notnecessary.  He informed us to simplyremove it.  We did.  Nothing else was discussed.  Concrete Deck There were a few issues with the concretedeck.  The joints were a littlerough.  There was more color variationthan usual.  However everything possiblewas done to please the customer yet they could not be pleased.  We fixed the joints to the best of ourability.  (Specifically one joint wasleft a little rough due to location of the joint.)  We rock sanded all rough edges across theentire deck.  We even attempted toeliminate at puddle that resulted from trying to run drain water for more than40 feet down the length of the deck. This puddle was only 1.5 ft. x 3 ft. and only ¼” deep.  Again this is acceptable in the constructionand remodeling business.  Yet to make thecustomer happy we spent many hours attempting to eliminate the smallpuddle.  Once done we then madearrangements to stain the deck with a solid color of their choice.  This would give them that new, fresh lookthey wanted and cover all color variations. The staining and other deck repair was performed at no cost to thecustomer but cost us over $1500.00 in materials and labor.Drainage was an issue with the deck from thebeginning.  The preexisting deck washolding more than an inch of water at the patio door and garage doorentrance.  This puddle of water waslarger than 6 ft. x 6ft.  I did guaranteethe customer no water would be left standing outside those two doors.  This was accomplished.  The next obstacle was to get the deck todrain down the more than 40’ of walking area. The options were to put the water in the flower bed (the customer didnot want this), install a drain down the entire length of the walking area (thecustomer did not want this as it would be directly in the walking area), orattempt to run the water the entire 40+ ft. No one in the concrete industry will guarantee having no puddles whentrying to run water that far.  I simplystated we would do our best.  We did ourbest and were left with a small puddle measuring approximately 1.5 ft. x 3 ft.and only ¼ inch deep.  Despite thissuccess the customer was completely unhappy. We attempted to fix the issue as described above but were unsuccessfulin making them happy. Concerning the concrete deck finish, ourbelief is that the customer simply did not understand what they were purchasingwith a rock salt finish.  Its design isto be raw, rustic, have color variation, a totally random pattern and have anoverall rough look, to look antique.  However,once the deck was poured the customer said they wanted the deck to look freshand new, with no color variations.   Thiswas simply not the finish for them.  Yetthey chose this finish even after looking at pictures of similar decks.  Despite the finish being their own choice, weattempted to make them happy, spend much time sanding, shaping and staining thedeck with their color choice.  Still theycould not be made happy.Pump and FilterCustomer requested a new filter, chlorinator andFrog sanitizing system.  A price of $1000was given for the equipment and installation. Next the customer requested a new pump. A price of $700 was given for the pump and installation.  With applicable taxes the total for theadditional equipment came to $1819.00.    The customer attempted to backwash his poolbefore the plumbing was completed on the system.  He was informed that additional plumbing(connecting his preexisting drain line to the new equipment) was not yetdone.  Still he attempted to backwash notrealizing it would result in “water shooting out the side of the filter”.  Once the plumbing was completed there was noissue.There was a defective o’ring on the filtervalve.  Once aware of the defectiveo’ring it was replaced.An explanation for the water “running out of apipe coming off the deep end of the pool” was given to the customer.  However the customer did not understandit.  He mistakenly thought that this “leak”was related to the pump and filter or the plumbing of the pool.  It was not related in any way to the plumbingor the new pump and filter.  This pipe inquestion is attached to an underwater light niche (a housing that encases the actualpool light).  This niche has a pipe orconduit attached to the back side of it. Through this pipe the electrical wire for the light is pulled throughand connects to an electrical junction box.  The pipe’s design is to hold water to thepoint it surfaces above the pool water lever. Once the conduit is extended above the water level, it will not leak.  The customer overfilled the pool, resulting inwater coming out of the pipe.  Once thispipe was extended above the water line there were no more issues.LadderI personally have no knowledge that one of theladder treads was broken.  JetsWhen the pool was started up after the new pumpand filter was installed, the deep end jet did not have any pressure.  We identified the issue and fixed it.  The jet is now completely operational.Slide and water lineThe slide purchased does not require water.  It has a surface that is somewhat slippery onits own.  However, we prefer to have awater connection.  Our opinion is thatthe water makes for a better slide experience. The water connection was to be supplied or stubbed up right next to theslide, outside the concrete deck.  Therewould have been no issues with the connection. We explained why we did not stub the pipe through the deck.  However the customer simply did not except orunderstand our explanation.  At thispoint they did not want to understand anything.  The internet again became their authority.I do not know why the customer thinks the slidewas never ordered.  It has been in our stocksince July 1, 2015.  Fence Posts Two metal fence posts were damaged during theremodeling process due to the extremely tight confines of the backyard.  A front end loader, excavator, and a tractorwith box blade and front loader were all needed to accomplish the job.  During the maneuvering of the equipment theposts were bent.  The customer wasinformed by me personally that the post were damaged and informed at the sametime that we would replace them.  At thetime he completely understood why and how the posts were damaged.  He even seemed grateful we offered to fixthem at no cost.  Again we discussed howtight the backyard was.We offered to fix these post despite the accessclause in the contract.  (Contractstates, “It is understood that Paradise Pools and Spas will be permitted freeand ready access to the pool site and adequate working room.  Any damage to landscape is the responsibilityof the customer.”)The fence post were to be fixed at the time theslide was installed.  Materials werepurchased and delivered to job.  The postwere in process of being fixed when the customer informed us he would be not payingany more money on this job despite owing $4269.00LandscapingAs already mentioned the customer was informedthat any landscaping in the immediate area was subject to damage to theextensive excavation and remodeling being done. The azalea bushes are within 10’ of the pool water and right next to thedeck that was removed and re-poured. Only minor damage occurred.Again the contract states, “It is understoodthat Paradise Pools and Spas will be permitted free and ready access to thepool site and adequate working room.  Anydamage to landscape is the responsibility of the customer.”Breach of ContractAccording to the contract signed by thecustomer, “any materials and/or equipment used in this job will remain theproperty of the Dealer until final payment is made by the customer.  If final payment is not made upon completionas agreed, customer agrees to allow dealer full and ready access to propertywithout fear of trespassing charges or other reprisal from customer so thatdealer may retrieve any and all materials and/or equipment for which paymenthas not been fully received.”As previously stated, the customer informed usthat he was not going to pay the final payment or any other money for anyreason.  Thus we feel that the customeris the one in Breach of Contract.We have not attempted to retrieve the pump,filter, chlorinator, or Frog sanitation system despite these items not beingpaid in full.  According to the contractthese items still belong to us.  Inaddition the slide belong to us as well for the same reason, non-payment.Desired Solution The customer currently owes $769.00 for servicesand equipment installed upon their request. Due to their unreasonableness and unwillingness to understand basicremodeling and construction issues, we do not wish to pursue this matterfurther and are willing to let the customer keep the $769.00.  All warranties for the equipment andmaterials used on the job are through the manufacturer and they are free tocontact them should any warranty issues occur. However, there is no warranty through Paradise Pools and Spas if thebalance is not paid in full.The $3500.00 for the slide was not paid.  Therefore the slide does not belong to thecustomer.  It will be put back into ourinventory and sold. I hope this clarifies the issues with this job andcustomer.  We feel saddened that we couldnot please this customer and come to an equitable arrangement.  Despite our best efforts to fix what neededto be fix, or simply appease the customer due to their misunderstandings orunrealistic expectations, we were unable to satisfy this customer.  However, it is our experience that somecustomers simply cannot be pleased.  Wefeel that this is one of those customers.  Thank you for allowing us the opportunity to tell our sideof the dispute.  For years we have beenmembers of the Revdex.com and value the efforts you put intoprotecting our community.  If you haveany further questions concerning this or any other project, please do nothesitate to contact us. Sincerely yours,  [redacted]PresidentParadise Pools and SpasPearl, MSTell us why here...