Pools by Nelson

Prior to the meeting with our pool designer ([redacted]) that is referenced in the complaint, there were numerous angry complaints by Mr [redacted].  These complaints ranged from pool equipment location (which was exactly placed as spotted on the approved plans) to the location of the plumbing...

manifold that was also installed per plan.  [redacted] meant onsite and addressed all the concerns.  At that time the project was approximately 75 percent complete and none of the current complaints were referenced.  At a later occasion another Pools by Nelson employee ([redacted]) was intimidated and chased off the property when he knocked on the door to ask a question.  Unfortunately, despite every effort, there has been an escalating cycle of aggression displayed by Mr [redacted].  This pattern continued when [redacted] meant with Mr [redacted], again, in the interaction that Mr [redacted] says led to his request to no longer communicate with [redacted].  I can assure you there was no laughing or arrogance intended.  The conversation was painful for [redacted] to endure and included frequent yelling to the point of [redacted] having to request that Mr [redacted] please communicate with the same level of respect that was being extended to him.  This tactic of bullying and intimidation has caused communication to digress to the point of Pools by Nelson being forced to ask for all required communications to come in the form of email.  At one point, also referenced in the complaint, Mr [redacted] harassed employees over the phone repeatedly and informed them that "he was coming" and "they better get ready"  Those threats led to the interactions at the shop that forced the police to be called for fear of the safety of the 3 females that were terrified by his actions at the Pools by Nelson Office.  The "lady" that is named in the complaint, [redacted], is co-owner with her husband [redacted], of Pools by Nelson.  She distinctly indentified herself as such both over the phone and in person.  Despite repeated requests to leave the premises, it took two police officers to warrant enough respect by Mr [redacted] to finally leave the shaken ladies and return home.  It is so disappointing in 2017 to see such little value placed on individuals right to feel safe in their place of business/employ.  In the complaint, "poor quality and extreme damages" are referenced and neither are true.  The "quality" is above industry standard and we have instructed them that if they indentify something that is not functioning properly we will be happy to address it.  Our own inspections indicate that all systems are functioning correctly.  The only outstanding issue is with the interior finish.  When a pool is completed the client is required to brush the pool while the finish is curing to prevent "plaster dust" from adhering to the walls of the pool.  This is standard throughout the industry and is required BY ALL Pool Builders.  The [redacted] family didn't brush per the recommendations and the results of that failure is evident in a fine layer of dust that is obscuring the some of the blue coloring of the interior.  Additionally, the chemicals are not being kept in balance which is causing the pool to scale.  Both of these situations are solvable.  As to the "damages", Mr [redacted] is claiming that we stained the side of his stucco home, when pictures taken prior to any work taking place, clearly show the staining is present exactly as it is now.  I could go through each issue, how the communication regarding the complaint unfolded and address the substance of the complaint, but suffice it to say that they all bear a similar tilt of a one sided and over inflated if not blatantly false.  We have tried to work with [redacted] to address concerns in a professional manner, but two factors have rendered those attempts mute. 1st - No one deserves to be threatened, intimidated or bullied while in the pursuit of carrying out there contracted scope of work in the jobsite. 2nd - The [redacted] family have failed to make their final payment and are in breach of contract for their fully completed and beautiful pool and spa.  As such, they currently have no warranty or expectation of a response to warranty claims or request.  Yet, we have continued to try to respond and take action on their behalf as warranted in an attempt to bring this matter to a close.

Carrying out the full measure of our contracted scope of work to the highest quality possible is a very serious matter and considered JOB 1 here at Pools by Nelson.  No one was laughing or attempting to devalue any opinion being expressed by our customers.  Mr. [redacted] has a very different version of what transpired through the numerous interactions between himself and representatives from Pools by Nelson.  It's true that the service/start up specialist that Mr. [redacted] references ([redacted]) did create unwittingly the false impression through his responses to Mr. [redacted] that he was representing the service company that Pools by Nelson had to contract for the final walk through conducted on 11-20-17 (an action that we normally handle in house with [redacted]).  The service company was needed to step in and complete this action because of the untenable working conditions between Mr. [redacted] and Pools by Nelson.  Unfortunately our Service tech was required for a portion of the said work because the contracted service company couldn't responsibly administer that scope of work.  [redacted] is one of the numerous employee's of Pools by Nelson that has been on the short end of hot tempered outbursts by Mr. [redacted].  The last interaction had left [redacted] physically ill, having been run off the property where we are contracted to be building a pool.  He spent the weekend prior to the final service trip reportedly terrified of what might take place when he stepped back into the yard.  So, yes, when confronted by Mr. [redacted], he answered questions because of nerves in a way that could be misconstrued to having been misleading, in truth he was just scared, intimidated and the nerves got the better of him.  We apologize if his responses on the visit in question seemed like an attempt to trick a customer that he'd spoken with numerous time into believing he was someone else.  However, that is really a testament to just how threatened many of us here at Pools by Nelson have been made to feel by Mr. [redacted] (#Me Too)  With all that said, to finally address the facts, the [redacted] family has a beautiful pool that is complete and exceeds the industry standards set forth by the Contractors Board.  We are proud of the work that was done in their yard and stand behind / warrant the work with no malice irrespective of the disappointing situation that has come out of the intimidating actions carried out by Mr. [redacted].  We have attached pictures that were taken at [redacted] house prior to any work taking place that clearly show the issues that Mr. [redacted] is claiming were a result of Pools by Nelson were actually present before we ever set foot on the property.  As to the picture of the pool interior, that picture was taken immediately after the finish was installed, in fact the pool is still filling with water.  It's misleading to look and the interior while it's just been shot, the concrete walk that has only one section wet down with the others surrounding it dry and show damage to the house that was there before we started.  This whole situation is a nightmare and Pools by Nelson has tried repeatedly to go the extra mile to make it go away.  However, we refuse to be intimated, threatened, bullied and extorted by fraudulent claims.  These actions are reprehensible.  At the writing of this, yet another response, Pools by Nelson has exercised the legal right to lien the property to secure the yet undelivered final payment that Mr. [redacted] owes and at this point there is nothing left to say.

Please find attached the contract and photos of the damages done to my property.  I have more photos but were unable to upload them.  As you can see in the photos there were no steps taken to protect my property from the construction or the debris.  My dog houses and fencing are filled with dirt from the extraction in September and remain the same today.  The spill over from the hot tub to the pool is only spills over partially, the discoloration of the interior of the pool remains as shown.  The concrete in front of my house is a much darker color than the rest of my walkway, my pavers were removed and broken then placed back unevenly and broken.  My hedges were destroyed and left dead, and the stucco on my house was left damaged and dirty.  We had discussed multiple times about the back area being a place for my 2 dogs and the importance of space prior to the equipment being placed.  Pools by Nelson provided no communication in regards to the pool and my only point of contact was to call and speak to the receptionist.  My wife attempted to reach out numerous times to the owner [redacted] and was told by [redacted] she could not give out a number any messages would need to go through her.  Never has [redacted] reached out to resolve any of our concerns, the lack of communication and willingness to resolve the damages to my property are evident with the back and forward of this complaint.  I am looking for a solution to the damages of my property.

Review: I hired you to build our pool because you stated to us you take pride in your workmanship. Pride in workmanship means you will deliver what we paid for and what we agreed to and to our satisfaction. After spending a significant amount of money and time our expectation was that we would get what we requested including correct pool decking (I even sent you an image sample of the color) with a description. You even included these color schemes in your computerized image of our project. Instead, what we ended up with was a horrific pink salmon colored deck. After calling in a couple of contractors, they agree this is definitely something you should be responsible for correcting. I have text messages I sent while the concrete was being poured stating my concern with the color, it looks red not brown. You tell us its too soon to judge color while concrete is still wet and we need to wait 2 months. I have a yrs. worth of text messages working with you to resolve the issue and stating you promised color would be fixed fall 2013. Its fall, you nor your contractors show up. We leave you numerous messages. You tell us spring 2014 is next opportunity. To add injury to the insults of one broken promise after another to stand by your word, you have your wife call us May 2014, to tell us you lost your concrete subcontract, and you are searching for a new contractor to fix color. After a yr. we get a text now saying you are NOT responsible for the color or cost. What we agreed to and what we ended up with are drastically diametric. Enclosed are some images of color scheme we agreed on and what we actually ended up with. If you do not agree to follow through with your word or reputation as promised by Friday, May 23, 2014 we will hire a new concrete contractor, and meet you in court. I am in the process of filing a small claims suit against you and your company for the cost we will incur to do the job right, as clearly, youre company is unwilling to follow through with your agreement, word and reputation.Desired Settlement: I would like Pools By Nelson to incur the cost of correcting his subcontract error and replacing our decking color with the color we were promised. We would like this in writing by Monday, May 19, 2014. If not, we will hire a new concrete contractor and follow though with filing the small claims suit against you and your company for the cost we will incur to do the job right and get the original desired color agreed to by Pools by Nelsons.

Consumer

Response:

Yes, we are still trying to come to a mutual agreement on how to best fix the coloring of our pool decking. I hope Pools By Nelson can come up with a solution that will meet our original request.