Premier Pools & Spas of San Antonio

Complaint: [redacted] I am rejecting this response because: Again, thank you for your response and I want to make it clear that ALL of our issues fall into one of these three categories: Failure to develop Engineered plans (per the contract) and Following said plans Lack of Communication Lack of Site Visits and Proper Supervision ( [redacted] and/or supervision only visited our home approximately 10% of the time it was under construction – we documented all of their visits just in case) Therefore, here is our response to your latest response: “We have a approval letters from the HOA regarding the Pool, concrete work and deck which Mr, [redacted] now calls a sport court This letters where provided to us by the [redacted] ’s“ True, we did share with the pool builder two different HOA approval letters that we received: (1) First letter addressed building the pool and (2) the Second letter addressed the sports court But here are our issues with Premier Pools & Spas of San Antonio using both of these letters as “approval” for them to proceed: a) The first HOA approval letter was a result of the HOA reviewing engineered plans from a completely different pool builder that we were going to use contract with initially, prior to contracting with Premier Pools & Spas of San Antonio But the HOA letter does address the responsibility of leaving “all areas surrounding the project, including the fences, public right-of-way, sidewalks, and streets, in like new-condition”, which Premier Pools and Spas of San Antonio is failing to do b) The second HOA approval letter only approves building a 30’ x 50’ slab, but does NOT address/identify how and/or where it was going to be built I hate reiterating the same valid main point, but Premier Pools & Spas of San Antonio initially failed to abide by the contract since the contract states: “Contractor to provide layout and structurally engineered plans.” Needless to say, this is the root cause of all of the remaining main issues!! Again, we have asked for them multiple times in writing and to date, they have failed to provide any and/or admit to not doing them at all “The court was built on the powder of broken rock which was created by jackhammering the hole necessary to accommodate the pool and crushed limestone base both of which were compacted with hundreds of passes by machinery weighing over 10,lbsand a vibrating plate compactor" Unfortunately, this is not true and we have tons of pictures to prove that there are hundreds (if not thousands) of rocks of various sizes, that make up this excavated material And it is literally impossible and comic to think that all of these rocks were successfully pulverized to powder This is a huge pool with tons of excavated material Therefore, they are claiming to successfully compacting 7,cubic feet of material (x x 55) to powder and successfully compacting it That is a lot of mass to successfully compact Common sense would still ask, why not build this sports court directly on the ground level versus building it 7ft high on top of 7,cubic feet of “pulverized and compacted” excavated material?? My only thought is that Premier Pools & Spas of San Antonio did NOT want to deal with the expense of properly hauling off this excess excavated material Unfortunately, the repair might be more expensive for them The concrete is reinforced with #rebar on 12” centers as is the pool deck (This is beyond what most builders would have provided)“ These are irrelevant statements, since the issue is not how the cement was reinforced for the sports court, but the fact that the sports court literally sits on top of 3-6ft of excavated rocks/fill (from digging out the pool) covering an area approximately ft x ft “The height of the court was originally to be handicap accessible from the side gate which would have put it 2’ higher We advised to lower it and they were always in the loop regarding elevation and placement“ If handicap access was a concern, then building a ramp is much easier option than “pulverizing and compacting 7,cubic feet of excavated rocks/ fill and building a sports court 7-ft off the groundNot only does the court sit higher than our 6ft fence but it does NOT have any retaining walls to limit erosion and does not take into account proper drainage Unfortunately, the lack of proper planning is already eroding away this massive 7,cubic feet of material each time it rains And the sports court does not have any safety barriers and people could literally fall off the court and hit the ground ft below on the back end In addition to failing to plan and construct this sports court, it is already developed major cracks lines running the length of the court, and in my opinion will only get worse and possibly buckle and break within the next year or so Bottom line is that the sports court should’ve been built directly on the ground, and NOT 3ft - 7ft up in the air It almost seems as if Premier Pools & Spas of San Antonio was trying to save money by not hauling off the excavated dirt/rocks and instead “hid” the excess excavation under the sports court Our concerns with the placement and construction of the sports court were given to Premier Pools & Spas of San Antonio multiple times in writing, but unfortunately they never addressed them There was always a set of working drawings used which the [redacted] ’s were given copies This is how they obtained the HOA approvals and we received our permits To suggest we were building a pool of this significance without a set of working drawings is ludicrous True that this project was significant, but this is what we think is ludicrous: Accepting “working drawings” as approved engineered plans Computer-generated pictures (By Premier Pools & Spas of San Antonio) do not show elevation heights, drainage, plans, etc “Working drawings” were obsolete from the beginning - the minute the excavation was done incorrectly, and the actual current size and shape of the pool is very different from these “drawings” Therefore, all numbers / sizes /dimensions were off which affected the placement of retaining walls, surrounding deck, drainage, gas lines, etc Lack of proper contractor supervision / visits As far as engineered plans go we work off the same basic schematic we and all other quality gunite pool builders have been using for years but, Premier Pools goes beyond in that we are using all #rebar on 9” center throughout the pool shell The typical rule of thumb is #12” on center and 6” on center at breaks and stress points There was no reason to get a soil sample because we were building on rock If Mr [redacted] requires one our engineer can provide one once we are paid up on our contractWe are not sure how these statements defend the fact that they do NOT have and/or deliver engineered plans per their contract Again, “working drawings” do not equate to plans and therefore, they had nothing to successfully follow and far as placement and construction Which is exactly why there is this huge issue with the sports courtThe drainage issue Mr [redacted] speaks of needs some final tweaking but, we have installed drains in the pool deck which were not in our agreement and our contract calls for drainage to be a Mr [redacted] expense What needs to be done is minor once sod and gardens are on place and an additional re-direct drainOur concern is NOT the drainage of excess water on the actual pool deckAnd our argument is simple without plans, they failed to address proper drainage surrounding the pool and sports court since (a) the pool was built directly in the path of natural storm drainage, and (2) the elevation of the ground creates excess storm water starting at the top from the street level and from neighboring properties My property sits lower the street level and storm water drains around my home, through my yard, and into the green belt behind We accept and understand the responsibility of landscaping, but are frustrated that we were never informed of the extra expenses related to properly drain because of the placement of the pool and 7ft high sports court “Mr [redacted] Speaks of completion dates We were on track till they started considering a slide incased in the grotto waterfall.” True we requested the change to include a slide, but that still not excuse the extreme lag for completion Please note the following facts: It has been almost months (Mar- Nov) and pool is still not complete Slide was contracted for on June and finally delivered on August 26th, (that’s almost days to get a slide successfully delivered) “This option usually cost 10k plus In fact, we’ve never done for less than 12,We presented options from to thousand After a couple weeks, they decided on the 7-thousand-dollar option but, not after giving them additional 2,worth of deck and stone work for 6,with them paying half with a posted dated check One posted-dated check of $3,only represents less than 2.7% of all the amounts of all of the checks that we gave them And we did this because we were started to lose faith that they would actually deliver Communication was excellent when they wanted their draws ($$), but horrible and non-existence at times when we had issues “This slide had to be ordered (5/date of slide addendum) and took at least weeks to receiveOnce it was placed Neither the [redacted] ’s nor myself was happy with the sizeSo of course, the [redacted] now want a custom-built slide costing more than our highest price option“ This was perfect example of subpar management and we are not sure how he “ordered” a slide before we agreed to it (signed amendment Jun 2016) The original slide amendment called for a 4ft high slide, but Premier Pools & Spas of San Antonio interpreted it as a 4ft length slide Despite taking forever to order and deliver it, [redacted] (as the expert) should’ve known that a 4ft length slide does NOT “fit” into this oversized and “significant” pool And it was extremely comical to watch him try and place a little “kiddie” slide in our grotto We were neither amused nor happy, because we felt as if he was trying to “cut corners and go cheap” “During this period Mr [redacted] spoke of wanting a higher longer retaining which he told my sub he would pay for I told him I would get a price together and return with an addendum Three days later when I returned It was almost doneOur sub told us Mr [redacted] told him to move forward we had worked it out Of course, we had not! “ This is another example of what happens when there is lack of supervision and no plans Premier Pools & Spas of San Antonio agreed to additional decking per the slide amendment dated Jun Unfortunately, they failed to recognize and/or address that additional decking would also increase the size of the retaining wall that was properly needed for the pool Additional pool decking required the pool contractor to cut deeper into the slope of the yard, increasing the height of the retaining wall As the pool construction experts we assumed that they would take into account any and all additional expenses that they would incur for increasing the deck when we negotiated and contracted the additional pool decking But obviously they did not We did not ask for a higher retaining wall because we wanted one, and it was built because the subcontractor felt that it needed one and we very much agreed Again, no one from Premier Pools visited during that construction phase to give guidance This also proves one our initial points that supervision barely visited the site “I also noticed the steps leading down to the bar had 18” steps not 12” in the contract The same steps that Mr [redacted] wanted but, refused to pay the increase Again, our sub was told by Mr [redacted] we had worked it out When I emailed Mr [redacted] the invoice with X-tra charges he refused to pay Again, our sub was told by Mr [redacted] we had worked it out When I emailed Mr [redacted] the invoice with X-tra charges he refused to pay This was now a work stoppage and of course ensuing argumentsA couple weeks passed and we came to the table eating the X-tra wall giving him the steps for cost and after having to call in favors for discounts, taking a factory test and becoming a dealer I was able to purchase this slide at below wholesale.” Another example of [redacted] (the pool company owner) not knowing what is going on at the jobsite, since he hardly visited the site Premier Pools was supposed to take handicapped family members into account when designing this pool to make the steps easier to navigate Without plans and/or proper supervision, we noticed that the steps were only going to be inches wide, therefore we did ask the subcontractor to increase the size of the stairs Initially we did not want to pay for it because we felt as if Premier Pools & Spas of San Antonio failed at taking our request into consideration, and never included it into the plans because there wasn’t a plan to follow But after a few heated discussions, we agreed and paid both [redacted] and the subcontractor directly on 1st of August for the steps “Then upon signing this new addendum which we are losing money on we had to argue for hrsof the validity of valueWe merely were receiving approximately more for a slide that typically wholesaled for “ This is exactly what was happening over the time period this pool was being constructed we were losing confidence in this company And its evident and ironic that we had to have a 3-hour meeting on the validity of “their” value “This slide took at least days to receive and when it did arrive late one afternoon I was forced to use some temporary staffing employees that I had used in the past but, had no plans to continue with due to their conduct When they met me at the [redacted] ’s residence I suspected they had been drinking and expressed my dissatisfaction with their lack of respectThere was no altercation and of course they were never used again.” Sad but true and it corroborates my statement that Premier Pools has had problems with manning / personnel and exposed us to potential liability by bringing in subpar drunk employees, who were part of his team prior to this incident and had worked on our pool previously And yes I believe they almost got into an altercation that evening and [redacted] left visibly upset I even called him later that same night to discuss “Work began again on the project Mr [redacted] told me of some of the [redacted] crew was urinating at the site I immediately informed my sub of the problem (We tried to have a port a potty on site but, it was not allowed in that neighborhood) “ Again, lack of proper supervision allowed something so grotesque to happen to our actual home foundation Port-a-potty or not, it was disgusting and I now have urine stains on my foundation “During this time, we presented pictures of granite to the [redacted] ’s for the bar top with no finalization on there partDuring this time, we did thousands of dollars in grade work trash and excess materials were hauled off Mr [redacted] shows the same pile of trash over and over at different angles Once the Slide was fully enclosed in Stone we asked for the balance on the addendum then the arguing started again but, we kept working for a few days and had the plaster ready and waiting We now asked again for the addendum and as per our contract the pre-plaster payment Now that refusal was a blatant breach and we stopped.” They gave us one-day to approve some “cheap” granite we didn’t and they were disappointed Different angles of a trash heap does not change the fact that there is a huge pile of trash (from pool construction) in our backyard that should’ve been discarded We love taking pictures and pictures of the trash heap are very telling We sent the following verbiage in an email to Premier Pools & Spas of San Antonio on the 13th of September: Therefore, unless otherwise directed by law WE WILL NOT MAKE ANY ADDITIONAL PAYMENTS UNTIL ALL WORK IS CORRECTLY COMPLETED AND WORK SITE IS CLEANED-UP!!! We halted this project, despite knowing that they were ready to plaster the pool“Then all the craziness began I guess Mr [redacted] needed to start creating bargaining chips We did no damage to his neighbors drive or fence and wouldn’t responsible if we had (we have a signed release)” True he has a signed release from liability from my neighbor, but that does not negate the fact that he drove over and broke multiple times the neighbor’s pvc lines and damaged their fence He doesn’t realize that any damage to my fence and main posts also affects the neighbors I can also guarantee that my neighbor will not be sending him any referrals from dealing with all of these frustrations “Pictures are worth a thousand words ” “We are responsible grade 3’ out from the deck only we did more than this.” Not sure what this means “We are not responsible for sprinklers, moving of gas lines fences our trees“ Unfortunately for us, [redacted] is correct as far as liability for any damage caused but they grossly damaged my fence and yard And we don’t think that they had a “blank check” to do as much damage as they wanted Pictures tell the story well And the main issue of NOT having engineered plans, they dug the pool in the wrong place requiring us to move the gas line at a cost of $1, And without plans they successfully killed an 8-yr old tree that was very sentimental to my family who planted it while I was deployed to Iraq in for months “We take great care and these items mentioned are being grossly exaggerated“ We wish that they had and we successfully posted pictures online ( [redacted] ) for others to see that we are NOT exaggerating on the damages and current awful condition of the project “We did not fail any electrical inspection and gas inspector wanted things that went beyond the gas line before he would pass us.” Two electrical failed inspections and at least two gas inspectors We spoke to the inspectors directly and they were concerned that some of electrical work was not properly done “Our overall position is we gave the [redacted] ’s a larger deeper pool with more deck, stone electrical and plumbing to the point losing money This is now what’s equal to 165,poolYou would think the [redacted] ’s would be truly appreciative The [redacted] ’s are very difficult to work with and have a unrealistic view on the time it takes to build a project like this especially when you have a customer who doesn’t want to pay the right price and is trying to make deals with your subs“ Everything additional benefit that we received from this project was a result of multiple mistakes / lack of supervision from Premier Pools & Spas of San Antonio And us forcing them to accept responsibility It was hard for [redacted] to handle this project because he was stretched thin and was constantly employed at other projects hard to have value here when he promised to be very personally involved since it was/is his largest project and he wanted to showcase this pool for his company and future owners It’s hard to be appreciative when we have to deal with personally and manually draining a pool and spa from every time it rains over the past months to prevent the hordes of mosquitos that we had this summer and fall It’s hard to be appreciative when we have had to water our lawn by hand for the past months since the main sprinkler lines were damaged and we are awaiting to repair after construction is complete The reality is that we would be appreciative if the pool and sports court were complete and we were using them It/s hard to be appreciative when we have deal with the emotions of losing a sentimental tree and looking at all of the damageSo it is extremely hard for us to see any value in our current situation with an incomplete pool, a sports court that needs to be redone, tons of damage, and losing time to deal with this situation Also hard to see any value when we have to spend money to hire an attorney to get progress and closure Even if we had “received” a million-dollar pool it would basically be worthless because it wouldn’t be finished and we couldn’t use itSo no currently there is NO value!! “Everyone has been paid and there or no subs that will lien the property.” There were two subs that threatened us with liens – which is very odd that we would be contacted directly for possible liens Fortunately for Premier Pools & Spas of San Antonio, they worked with both of them so as to prevent any liens from subcontractorsAnd they negotiated with the last subcontractor just in September So Premier Pools & Spas of San Antonio didn’t do me any favors “We allowed them to take advantage of the over excavation and give them a larger pool rather than bring the forms in to exact size which we certainly could have done Mr [redacted] took advantage of this and had them increase size, slope and depth of the deep endAgain, we allowed this to happen all in an effort to please our customer These considerations were very costly.” It is so sad for a business owner to only worry about himself and not take us (his customer) into consideration, and the expenses that we have to deal with like all of the repairs to the entire fence, yard, sprinkler systems of both ours and our neighbors, water heaters, moving gas lines, etc And we also lost more than just money we lost precious time, which is more valuable than moneyWe were supposed to enjoy the pool with family and friends this past summer (2016) and fall Our oldest son is now a senior and will be joining the military after graduation, therefore, he lost the opportunity to enjoy the pool with us during his last free summer We really believed Premier Pools & Spas of San Antonio when they forecasted a June completion date We also believed that a pool of this magnitude shouldn’t have taken longer than 4-months to complete and we were looking forward to having our three teenage boys enjoy the pool with their friends prior to start of school at the end of August All three boys played football and basketball and wanted to invite their entire teams over And finally, [redacted] constantly refused to ever give us or hold himself to a calendar and/or schedule so that we could follow again, no plan and subpar guidance resulted in a huge financial and personal headache He did sign a scheduled calendar but unfortunately did not live up to that timeline “We truly want all our customers to be happy but, at some point we have to stop a customer that just continues to take advantage of your kindest and the tries to make you to be the bad guy it just isn’t rightWe would be willing at our attorney suggestion be willing to finish the job with the addendum of being paid and the remaining 5% of the original contract being placed in escrows till pool is plastered and started upLooking forward to resolving this in the near future“ We feel that even though [redacted] is a good man and might be good at building pools, we feel as if he lacks the experience to properly manage the business and its’ finances Sometimes contractors of this magnitude and/or in this business rely on draws ($$) to both pay themselves and complete current projects And when they run out of new starts or new “draws” they run into trouble and start trying to cut corners to save money, but unfortunately it also affects the quality of work and the consumers We now have an expensive project (pool and sports court) that is more of a nuisance, eye sore, and safety issue than what a pool and sports court to enjoy with family and friends Many lessons were learned with this major projectAnd in retrospect, we should've been more forceful with all of our written requests and concerns...and we should’ve safe-guarded our monies and release of draws better We should’ve at least demanded a copy of the engineered plans prior to having them break ground But like any other new pool owner under construction, we were carried away and excited with the construction of our back yard "oasis"...and trusted Premier Pools and Spas of San Antonio more than we should've of We want our pool completely done, our sports court completely redone, and reimbursements for some of the excessive damage and fees

Re: ID [redacted] (Mrand Mrs [redacted] , [redacted] , TX) In regards to the above referenced matter we have retained the law firm of [redacted] ***Unlike Mr [redacted] and his biased dissertation of untruths we, upon advice of counsel contest all allegations of incompetence and responsibility of any damage stated by Mr [redacted] The [redacted] ’s have not been truthful in their complaint as for as timely payments, unaware of elevations, there payments, addendums for additional work done at their bequest and refusal to pay etcThe pool is 95% finished and will be completed once the addendum is paid and the 5% due prior to plaster We want nothing more than to finish the projectMr [redacted] is bringing up items that are clearly stated in contract as not our responsibility and made no mention of half of these till we stopped worked for non-payment We have done nothing but give, and give more to this project, well above stated in our agreement We have more than lived up to our end the bargain and are insulted by Mr [redacted] ’s claimsWe will be happy to give a more in depth rebuttal to this matter after our next meeting with our attorneys in the upcoming week Best Regards, [redacted] President

The deck stain was a piece of aggregate in the concrete that caused a rust stain to appear on the surface of the spray-crete texture finishThis stone was removed, the hole was sealed, filled, and the deck touched up to match The light was replaced The mortar will be addressed next week depending on Mr [redacted] availability and weather

Re: ID [redacted] (Mr. and Mrs. [redacted] [redacted] , TX.) In regards to Mr. [redacted] ’s latest response we submit the following;We have a approval letters from the HOA regarding the Pool, concrete work and deck which Mr, [redacted] now calls a sport court. This letters where provided to us by the [redacted] ’s. The court was built on the powder of broken rock which was created by jackhammering the hole necessary to accommodate the pool and crushed limestone base both of which were compacted with hundreds of passes by machinery weighing over 10,000 lbs. and a vibrating plate compactor. The concrete is reinforced with #3 rebar on 12” centers as is the pool deck. (This is beyond what most builders would have provided). The height of the court was originally to be handicap accessible from the side gate which would have put it 2’ higher. We advised to lower it and they were always in the loop regarding elevation and placement. There was always a set of working drawings used which the [redacted] ’s were given copies. This is how they obtained the HOA approvals and we received our permits. To suggest we were building a pool of this significance without a set of working drawings is ludicrous. As far as engineered plans go we work off the same basic schematic we and all other quality gunite pool builders have been using for years but, Premier Pools goes beyond in that we are using all #4 rebar on 9” center throughout the pool shell. The typical rule of thumb is #3 12” on center and 6” on center at breaks and stress points. There was no reason to get a soil sample because we were building on rock. If Mr. [redacted] requires one our engineer can provide one once we are paid up on our contract.The drainage issue Mr. [redacted] speaks of needs some final tweaking but, we have installed drains in the pool deck which were not in our agreement and our contract calls for drainage to be a Mr. [redacted] expense. What needs to be done is minor once sod and gardens are on place and an additional re-direct drain.Mr. [redacted] Speaks of completion dates. We were on track till they started considering a slide incased in the grotto waterfall. This option usually cost 10k plus. In fact, we’ve never done for less than 12,500.00 We presented 3 options from 7 to 15 thousand. After a couple weeks, they decided on the 7-thousand-dollar option but, not after giving them additional 2,000 worth of deck and stone work for 6,950.00 with them paying half with a posted dated check. This slide had to be ordered (5/31 date of slide addendum) and took at least 3 weeks to receive. Once it was placed Neither the [redacted] ’s nor myself was happy with the size. So of course, the [redacted] now want a custom-built slide costing more than our highest price option. During this period Mr. [redacted] spoke of wanting a higher longer retaining which he told my sub he would pay for. I told him I would get a price together and return with an addendum. Three days later when I returned It was almost done. Our sub told us Mr. [redacted] told him to move forward we had worked it out. Of course, we had not! I also noticed the steps leading down to the bar had 18” steps not 12” in the contract. The same steps that Mr. [redacted] wanted but, refused to pay the 1800.00 increase. Again, our sub was told by Mr. [redacted] we had worked it out. When I emailed Mr. [redacted] the invoice with X-tra charges he refused to pay. This was now a work stoppage and of course ensuing arguments. A couple weeks passed and we came to the table eating the X-tra wall giving him the steps for cost and after having to call in favors for discounts, taking a factory test and becoming a dealer I was able to purchase this slide at below wholesale. Then upon signing this new addendum which we are losing money on we had to argue for 3 hrs. of the validity of value. We merely were receiving approximately 2200.00 more for a slide that typically wholesaled for 5500.00. This slide took at least 30 days to receive and when it did arrive late one afternoon I was forced to use some temporary staffing employees that I had used in the past but, had no plans to continue with due to their conduct. When they met me at the [redacted] ’s residence I suspected they had been drinking and expressed my dissatisfaction with their lack of respect. There was no altercation and of course they were never used again.Work began again on the project. Mr. [redacted] told me of some of the [redacted] crew was urinating at the site. I immediately informed my sub of the problem. (We tried to have a port a potty on site but, it was not allowed in that neighborhood). During this time, we presented pictures of granite to the [redacted] ’s for the bar top with no finalization on there part. During this time, we did thousands of dollars in grade work trash and excess materials were hauled off. Mr. [redacted] shows the same pile of trash over and over at different angles. Once the Slide was fully enclosed in Stone we asked for the balance on the addendum then the arguing started again but, we kept working for a few days and had the plaster ready and waiting. We now asked again for the addendum and as per our contract the pre-plaster payment. Now that refusal was a blatant breach and we stopped.Then all the craziness began. I guess Mr. [redacted] needed to start creating bargaining chips. We did no damage to his neighbors drive or fence and wouldn’t responsible if we had. (we have a signed release)We are responsible grade 3’ out from the deck only we did more than this.We are not responsible for sprinklers, moving of gas lines fences our trees.We take great care and these items mentioned are being grossly exaggerated. We did not fail any electrical inspection and gas inspector wanted things that went beyond the gas line before he would pass us. Our overall position is we gave the [redacted] ’s a larger deeper pool with more deck, stone electrical and plumbing to the point losing money. This is now what’s equal to 165,00.00 pool. You would think the [redacted] ’s would be truly appreciative. The [redacted] ’s are very difficult to work with and have a unrealistic view on the time it takes to build a project like this especially when you have a customer who doesn’t want to pay the right price and is trying to make deals with your subs. Everyone has been paid and there or no subs that will lien the property. We allowed them to take advantage of the over excavation and give them a larger pool rather than bring the forms in to exact size which we certainly could have done. Mr. [redacted] took advantage of this and had them increase size, slope and depth of the deep end. Again, we allowed this to happen all in an effort to please our customer. These considerations were very costly. We truly want all our customers to be happy but, at some point we have to stop a customer that just continues to take advantage of your kindest and the tries to make you to be the bad guy it just isn’t right.We would be willing at our attorney suggestion be willing to finish the job with the addendum of 3450.00 being paid and the remaining 5% of the original contract being placed in escrows till pool is plastered and started up.Looking forward to resolving this in the near future. Best Regards, [redacted] President

Complaint: [redacted] I am rejecting this response because: Again, thank you for your response and I want to make it clear that ALL of our issues fall into one of these three categories: Failure to develop Engineered plans (per the contract) and Following said plans Lack of Communication Lack of Site Visits and Proper Supervision ( [redacted] and/or supervision only visited our home approximately 10% of the time it was under construction – we documented all of their visits just in case)Therefore, here is our response to your latest response: “We have a approval letters from the HOA regarding the Pool, concrete work and deck which Mr, [redacted] now calls a sport court This letters where provided to us by the [redacted] ’s“True, we did share with the pool builder two different HOA approval letters that we received: (1) First letter addressed building the pool and (2) the Second letter addressed the sports court But here are our issues with Premier Pools & Spas of San Antonio using both of these letters as “approval” for them to proceed: a) The first HOA approval letter was a result of the HOA reviewing engineered plans from a completely different pool builder that we were going to use contract with initially, prior to contracting with Premier Pools & Spas of San Antonio But the HOA letter does address the responsibility of leaving “all areas surrounding the project, including the fences, public right-of-way, sidewalks, and streets, in like new-condition”, which Premier Pools and Spas of San Antonio is failing to dob) The second HOA approval letter only approves building a 30’ x 50’ slab, but does NOT address/identify how and/or where it was going to be builtI hate reiterating the same valid main point, but Premier Pools & Spas of San Antonio initially failed to abide by the contract since the contract states: “Contractor to provide layout and structurally engineered plans.” Needless to say, this is the root cause of all of the remaining main issues!! Again, we have asked for them multiple times in writing and to date, they have failed to provide any and/or admit to not doing them at all “The court was built on the powder of broken rock which was created by jackhammering the hole necessary to accommodate the pool and crushed limestone base both of which were compacted with hundreds of passes by machinery weighing over 10,lbsand a vibrating plate compactor"Unfortunately, this is not true and we have tons of pictures to prove that there are hundreds (if not thousands) of rocks of various sizes, that make up this excavated material And it is literally impossible and comic to think that all of these rocks were successfully pulverized to powder This is a huge pool with tons of excavated material Therefore, they are claiming to successfully compacting 7,cubic feet of material (x x 55) to powder and successfully compacting it That is a lot of mass to successfully compact Common sense would still ask, why not build this sports court directly on the ground level versus building it 7ft high on top of 7,cubic feet of “pulverized and compacted” excavated material?? My only thought is that Premier Pools & Spas of San Antonio did NOT want to deal with the expense of properly hauling off this excess excavated material Unfortunately, the repair might be more expensive for them The concrete is reinforced with #rebar on 12” centers as is the pool deck (This is beyond what most builders would have provided)“These are irrelevant statements, since the issue is not how the cement was reinforced for the sports court, but the fact that the sports court literally sits on top of 3-6ft of excavated rocks/fill (from digging out the pool) covering an area approximately ft x ft “The height of the court was originally to be handicap accessible from the side gate which would have put it 2’ higher We advised to lower it and they were always in the loop regarding elevation and placement“If handicap access was a concern, then building a ramp is much easier option than “pulverizing and compacting 7,cubic feet of excavated rocks/ fill and building a sports court 7-ft off the ground.Not only does the court sit higher than our 6ft fence but it does NOT have any retaining walls to limit erosion and does not take into account proper drainage Unfortunately, the lack of proper planning is already eroding away this massive 7,cubic feet of material each time it rains And the sports court does not have any safety barriers and people could literally fall off the court and hit the ground ft below on the back end In addition to failing to plan and construct this sports court, it is already developed major cracks lines running the length of the court, and in my opinion will only get worse and possibly buckle and break within the next year or so Bottom line is that the sports court should’ve been built directly on the ground, and NOT 3ft - 7ft up in the air It almost seems as if Premier Pools & Spas of San Antonio was trying to save money by not hauling off the excavated dirt/rocks and instead “hid” the excess excavation under the sports court Our concerns with the placement and construction of the sports court were given to Premier Pools & Spas of San Antonio multiple times in writing, but unfortunately they never addressed them There was always a set of working drawings used which the [redacted] ’s were given copies This is how they obtained the HOA approvals and we received our permits To suggest we were building a pool of this significance without a set of working drawings is ludicrousTrue that this project was significant, but this is what we think is ludicrous: Accepting “working drawings” as approved engineered plans Computer-generated pictures (By Premier Pools & Spas of San Antonio) do not show elevation heights, drainage, plans, etc “Working drawings” were obsolete from the beginning - the minute the excavation was done incorrectly, and the actual current size and shape of the pool is very different from these “drawings” Therefore, all numbers / sizes /dimensions were off which affected the placement of retaining walls, surrounding deck, drainage, gas lines, etc Lack of proper contractor supervision / visitsAs far as engineered plans go we work off the same basic schematic we and all other quality gunite pool builders have been using for years but, Premier Pools goes beyond in that we are using all #rebar on 9” center throughout the pool shell The typical rule of thumb is #12” on center and 6” on center at breaks and stress points There was no reason to get a soil sample because we were building on rock If Mr [redacted] requires one our engineer can provide one once we are paid up on our contract.We are not sure how these statements defend the fact that they do NOT have and/or deliver engineered plans per their contract Again, “working drawings” do not equate to plans and therefore, they had nothing to successfully follow and far as placement and construction Which is exactly why there is this huge issue with the sports court.The drainage issue Mr [redacted] speaks of needs some final tweaking but, we have installed drains in the pool deck which were not in our agreement and our contract calls for drainage to be a Mr [redacted] expense What needs to be done is minor once sod and gardens are on place and an additional re-direct drain.Our concern is NOT the drainage of excess water on the actual pool deck.And our argument is simple without plans, they failed to address proper drainage surrounding the pool and sports court since (a) the pool was built directly in the path of natural storm drainage, and (2) the elevation of the ground creates excess storm water starting at the top from the street level and from neighboring properties My property sits lower the street level and storm water drains around my home, through my yard, and into the green belt behindWe accept and understand the responsibility of landscaping, but are frustrated that we were never informed of the extra expenses related to properly drain because of the placement of the pool and 7ft high sports court “Mr [redacted] Speaks of completion dates We were on track till they started considering a slide incased in the grotto waterfall.”True we requested the change to include a slide, but that still not excuse the extreme lag for completion Please note the following facts: It has been almost months (Mar- Nov) and pool is still not complete Slide was contracted for on June and finally delivered on August 26th, (that’s almost days to get a slide successfully delivered)“This option usually cost 10k plus In fact, we’ve never done for less than 12,We presented options from to thousand After a couple weeks, they decided on the 7-thousand-dollar option but, not after giving them additional 2,worth of deck and stone work for 6,with them paying half with a posted dated check One posted-dated check of $3,only represents less than 2.7% of all the amounts of all of the checks that we gave them And we did this because we were started to lose faith that they would actually deliver Communication was excellent when they wanted their draws ($$), but horrible and non-existence at times when we had issues “This slide had to be ordered (5/date of slide addendum) and took at least weeks to receiveOnce it was placed Neither the [redacted] ’s nor myself was happy with the sizeSo of course, the [redacted] now want a custom-built slide costing more than our highest price option“This was perfect example of subpar management and we are not sure how he “ordered” a slide before we agreed to it (signed amendment Jun 2016) The original slide amendment called for a 4ft high slide, but Premier Pools & Spas of San Antonio interpreted it as a 4ft length slide Despite taking forever to order and deliver it, [redacted] (as the expert) should’ve known that a 4ft length slide does NOT “fit” into this oversized and “significant” pool And it was extremely comical to watch him try and place a little “kiddie” slide in our grotto We were neither amused nor happy, because we felt as if he was trying to “cut corners and go cheap”“During this period Mr [redacted] spoke of wanting a higher longer retaining which he told my sub he would pay for I told him I would get a price together and return with an addendum Three days later when I returned It was almost doneOur sub told us Mr [redacted] told him to move forward we had worked it out Of course, we had not! “ This is another example of what happens when there is lack of supervision and no plans Premier Pools & Spas of San Antonio agreed to additional decking per the slide amendment dated Jun Unfortunately, they failed to recognize and/or address that additional decking would also increase the size of the retaining wall that was properly needed for the pool Additional pool decking required the pool contractor to cut deeper into the slope of the yard, increasing the height of the retaining wall As the pool construction experts we assumed that they would take into account any and all additional expenses that they would incur for increasing the deck when we negotiated and contracted the additional pool decking But obviously they did not We did not ask for a higher retaining wall because we wanted one, and it was built because the subcontractor felt that it needed one and we very much agreed Again, no one from Premier Pools visited during that construction phase to give guidance This also proves one our initial points that supervision barely visited the site “I also noticed the steps leading down to the bar had 18” steps not 12” in the contract The same steps that Mr [redacted] wanted but, refused to pay the increase Again, our sub was told by Mr [redacted] we had worked it out When I emailed Mr [redacted] the invoice with X-tra charges he refused to pay Again, our sub was told by Mr [redacted] we had worked it out When I emailed Mr [redacted] the invoice with X-tra charges he refused to pay This was now a work stoppage and of course ensuing argumentsA couple weeks passed and we came to the table eating the X-tra wall giving him the steps for cost and after having to call in favors for discounts, taking a factory test and becoming a dealer I was able to purchase this slide at below wholesale.”Another example of [redacted] (the pool company owner) not knowing what is going on at the jobsite, since he hardly visited the site Premier Pools was supposed to take handicapped family members into account when designing this pool to make the steps easier to navigate Without plans and/or proper supervision, we noticed that the steps were only going to be inches wide, therefore we did ask the subcontractor to increase the size of the stairs Initially we did not want to pay for it because we felt as if Premier Pools & Spas of San Antonio failed at taking our request into consideration, and never included it into the plans because there wasn’t a plan to follow But after a few heated discussions, we agreed and paid both [redacted] and the subcontractor directly on 1st of August for the steps “Then upon signing this new addendum which we are losing money on we had to argue for hrsof the validity of valueWe merely were receiving approximately more for a slide that typically wholesaled for “This is exactly what was happening over the time period this pool was being constructed we were losing confidence in this company And its evident and ironic that we had to have a 3-hour meeting on the validity of “their” value “This slide took at least days to receive and when it did arrive late one afternoon I was forced to use some temporary staffing employees that I had used in the past but, had no plans to continue with due to their conduct When they met me at the [redacted] ’s residence I suspected they had been drinking and expressed my dissatisfaction with their lack of respectThere was no altercation and of course they were never used again.”Sad but true and it corroborates my statement that Premier Pools has had problems with manning / personnel and exposed us to potential liability by bringing in subpar drunk employees, who were part of his team prior to this incident and had worked on our pool previously And yes I believe they almost got into an altercation that evening and [redacted] left visibly upset I even called him later that same night to discuss “Work began again on the project Mr [redacted] told me of some of the [redacted] crew was urinating at the site I immediately informed my sub of the problem (We tried to have a port a potty on site but, it was not allowed in that neighborhood) “Again, lack of proper supervision allowed something so grotesque to happen to our actual home foundation Port-a-potty or not, it was disgusting and I now have urine stains on my foundation “During this time, we presented pictures of granite to the [redacted] ’s for the bar top with no finalization on there partDuring this time, we did thousands of dollars in grade work trash and excess materials were hauled off Mr [redacted] shows the same pile of trash over and over at different angles Once the Slide was fully enclosed in Stone we asked for the balance on the addendum then the arguing started again but, we kept working for a few days and had the plaster ready and waiting We now asked again for the addendum and as per our contract the pre-plaster payment Now that refusal was a blatant breach and we stopped.”They gave us one-day to approve some “cheap” granite we didn’t and they were disappointed Different angles of a trash heap does not change the fact that there is a huge pile of trash (from pool construction) in our backyard that should’ve been discarded We love taking pictures and pictures of the trash heap are very telling We sent the following verbiage in an email to Premier Pools & Spas of San Antonio on the 13th of September:Therefore, unless otherwise directed by law WE WILL NOT MAKE ANY ADDITIONAL PAYMENTS UNTIL ALL WORK IS CORRECTLY COMPLETED AND WORK SITE IS CLEANED-UP!!!We halted this project, despite knowing that they were ready to plaster the pool.“Then all the craziness began I guess Mr [redacted] needed to start creating bargaining chips We did no damage to his neighbors drive or fence and wouldn’t responsible if we had (we have a signed release)”True he has a signed release from liability from my neighbor, but that does not negate the fact that he drove over and broke multiple times the neighbor’s pvc lines and damaged their fence He doesn’t realize that any damage to my fence and main posts also affects the neighbors I can also guarantee that my neighbor will not be sending him any referrals from dealing with all of these frustrations “Pictures are worth a thousand words ”“We are responsible grade 3’ out from the deck only we did more than this.”Not sure what this means “We are not responsible for sprinklers, moving of gas lines fences our trees“Unfortunately for us, [redacted] is correct as far as liability for any damage caused but they grossly damaged my fence and yard And we don’t think that they had a “blank check” to do as much damage as they wanted Pictures tell the story well And the main issue of NOT having engineered plans, they dug the pool in the wrong place requiring us to move the gas line at a cost of $1, And without plans they successfully killed an 8-yr old tree that was very sentimental to my family who planted it while I was deployed to Iraq in for months “We take great care and these items mentioned are being grossly exaggerated“We wish that they had and we successfully posted pictures online ( [redacted] ) for others to see that we are NOT exaggerating on the damages and current awful condition of the project “We did not fail any electrical inspection and gas inspector wanted things that went beyond the gas line before he would pass us.” Two electrical failed inspections and at least two gas inspectors We spoke to the inspectors directly and they were concerned that some of electrical work was not properly done “Our overall position is we gave the [redacted] ’s a larger deeper pool with more deck, stone electrical and plumbing to the point losing money This is now what’s equal to 165,poolYou would think the [redacted] ’s would be truly appreciative The [redacted] ’s are very difficult to work with and have a unrealistic view on the time it takes to build a project like this especially when you have a customer who doesn’t want to pay the right price and is trying to make deals with your subs“Everything additional benefit that we received from this project was a result of multiple mistakes / lack of supervision from Premier Pools & Spas of San Antonio And us forcing them to accept responsibility It was hard for [redacted] to handle this project because he was stretched thin and was constantly employed at other projects hard to have value here when he promised to be very personally involved since it was/is his largest project and he wanted to showcase this pool for his company and future owners It’s hard to be appreciative when we have to deal with personally and manually draining a pool and spa from every time it rains over the past months to prevent the hordes of mosquitos that we had this summer and fall It’s hard to be appreciative when we have had to water our lawn by hand for the past months since the main sprinkler lines were damaged and we are awaiting to repair after construction is complete The reality is that we would be appreciative if the pool and sports court were complete and we were using them It/s hard to be appreciative when we have deal with the emotions of losing a sentimental tree and looking at all of the damage.So it is extremely hard for us to see any value in our current situation with an incomplete pool, a sports court that needs to be redone, tons of damage, and losing time to deal with this situation Also hard to see any value when we have to spend money to hire an attorney to get progress and closure Even if we had “received” a million-dollar pool it would basically be worthless because it wouldn’t be finished and we couldn’t use itSo no currently there is NO value!!“Everyone has been paid and there or no subs that will lien the property.” There were two subs that threatened us with liens – which is very odd that we would be contacted directly for possible liens Fortunately for Premier Pools & Spas of San Antonio, they worked with both of them so as to prevent any liens from subcontractorsAnd they negotiated with the last subcontractor just in September So Premier Pools & Spas of San Antonio didn’t do me any favors “We allowed them to take advantage of the over excavation and give them a larger pool rather than bring the forms in to exact size which we certainly could have done Mr [redacted] took advantage of this and had them increase size, slope and depth of the deep endAgain, we allowed this to happen all in an effort to please our customer These considerations were very costly.” It is so sad for a business owner to only worry about himself and not take us (his customer) into consideration, and the expenses that we have to deal with like all of the repairs to the entire fence, yard, sprinkler systems of both ours and our neighbors, water heaters, moving gas lines, etc And we also lost more than just money we lost precious time, which is more valuable than money.We were supposed to enjoy the pool with family and friends this past summer (2016) and fall Our oldest son is now a senior and will be joining the military after graduation, therefore, he lost the opportunity to enjoy the pool with us during his last free summer We really believed Premier Pools & Spas of San Antonio when they forecasted a June completion date We also believed that a pool of this magnitude shouldn’t have taken longer than 4-months to complete and we were looking forward to having our three teenage boys enjoy the pool with their friends prior to start of school at the end of August All three boys played football and basketball and wanted to invite their entire teams over And finally, [redacted] constantly refused to ever give us or hold himself to a calendar and/or schedule so that we could follow again, no plan and subpar guidance resulted in a huge financial and personal headache He did sign a scheduled calendar but unfortunately did not live up to that timeline “We truly want all our customers to be happy but, at some point we have to stop a customer that just continues to take advantage of your kindest and the tries to make you to be the bad guy it just isn’t right.We would be willing at our attorney suggestion be willing to finish the job with the addendum of being paid and the remaining 5% of the original contract being placed in escrows till pool is plastered and started up.Looking forward to resolving this in the near future“We feel that even though [redacted] is a good man and might be good at building pools, we feel as if he lacks the experience to properly manage the business and its’ finances Sometimes contractors of this magnitude and/or in this business rely on draws ($$) to both pay themselves and complete current projects And when they run out of new starts or new “draws” they run into trouble and start trying to cut corners to save money, but unfortunately it also affects the quality of work and the consumersWe now have an expensive project (pool and sports court) that is more of a nuisance, eye sore, and safety issue than what a pool and sports court to enjoy with family and friends Many lessons were learned with this major projectAnd in retrospect, we should've been more forceful with all of our written requests and concerns...and we should’ve safe-guarded our monies and release of draws better We should’ve at least demanded a copy of the engineered plans prior to having them break ground But like any other new pool owner under construction, we were carried away and excited with the construction of our back yard "oasis"...and trusted Premier Pools and Spas of San Antonio more than we should've of We want our pool completely done, our sports court completely redone, and reimbursements for some of the excessive damage and fees

This complaint should be closed we all came to a agreement

Complaint: ***
I am rejecting this response because: Firstit's absolutly possible for something to leak when its not completely filled.......it means it started leaking before the pool was fullSecond, His document from the company that did the core samples was finished on 11-27-2013! The date proves exactly what I've stated in my complaint that this company has put me off and ignored me as long as they couldBy his own admission they didnt try to repair the pool until 2-5-It wasn't until after I filed this complaint and got an Attorney that they began to respond seriously to my requestsFinally.....Mr*** while a very nice man is not an engineer and thus has no Idea why the crack is in the poolOne thing Mr*** does know is that we have pictures of the pool daily from the begining of the dig thru plaster....those photos include pictures of our Gunite shell the day after it was poured with a crack in the exact location the pool was determined to be leaking fromIn addition we also have pictures from the day of plaster when it cracked in the exact same spot as the guniteThe bottom line is....I want the pool fixed correctlyIts comical that Premier Pools is acting like they're doing me a favor, I paid them nearly thousand dollars and the pool was broken from day one
Regards,
*** ***

Re: ID *** (Mrand Mrs***, *** *** *** ***, TX) In regards to the above referenced matter we have retained the law firm of *** *** *** ***Unlike Mr*** and his biased dissertation of untruths we, upon advice of counsel
contest all allegations of incompetence and responsibility of any damage stated by Mr***The ***’s have not been truthful in their complaint as for as timely payments, unaware of elevations, there payments, addendums for additional work done at their bequest and refusal to pay etcThe pool is 95% finished and will be completed once the addendum is paid and the 5% due prior to plaster. We want nothing more than to finish the projectMr*** is bringing up items that are clearly stated in contract as not our responsibility and made no mention of half of these till we stopped worked for non-payment. We have done nothing but give, and give more to this project, well above stated in our agreement. We have more than lived up to our end the bargain and are insulted by Mr***’s claimsWe will be happy to give a more in depth rebuttal to this matter after our next meeting with our attorneys in the upcoming week Best Regards, *** *** President

Complaint: [redacted]
I am rejecting this response because:
Again, thank you for your response and I want to make it clear that ALL of our issues fall into one of these three categories:
1.       Failure to develop Engineered plans (per the contract) and Following said plans
2.       Lack of Communication
3.       Lack of Site Visits and Proper Supervision ([redacted] and/or supervision only visited our home approximately 10% of the time it was under construction – we documented all of their visits just in case)
Therefore, here is our response to your latest response: 
“We have a approval letters from the HOA regarding the Pool, concrete work and deck which Mr, [redacted] now calls a sport court.  This letters where provided to us by the [redacted]’s. “
True, we did share with the pool builder two different HOA approval letters that we received: (1) First letter addressed building the pool and (2) the Second letter addressed the sports court.  But here are our issues with Premier Pools & Spas of San Antonio using both of these letters as “approval” for them to proceed: 
a)      The first HOA approval letter was a result of the HOA reviewing engineered plans from a completely different pool builder that we were going to use contract with initially, prior to contracting with Premier Pools & Spas of San Antonio.   But the HOA letter does address the responsibility of leaving “all areas surrounding the project, including the fences, public right-of-way, sidewalks, and streets, in like new-condition”, which Premier Pools and Spas of San Antonio is failing to do.
b)      The second HOA approval letter only approves building a 30’ x 50’ slab, but does NOT address/identify how and/or where it was going to be built
I hate reiterating the same valid main point, but Premier Pools & Spas of San Antonio initially failed to abide by the contract since the contract states: “Contractor to provide layout and structurally engineered plans.”
Needless to say, this is the root cause of all of the remaining main issues!!  Again, we have asked for them multiple times in writing and to date, they have failed to provide any and/or admit to not doing them at all. 
“The court was built on the powder of broken rock which was created by jackhammering the hole necessary to accommodate the pool and crushed limestone base both of which were compacted with hundreds of passes by machinery weighing over 10,000 lbs. and a vibrating plate compactor. "
Unfortunately, this is not true and we have tons of pictures to prove that there are hundreds (if not thousands) of rocks of various sizes, that make up this excavated material.   And it is literally impossible and comic to think that all of these rocks were successfully pulverized to powder.   This is a huge pool with tons of excavated material.  Therefore, they are claiming to successfully compacting 7,700 cubic feet of material (4 x 35 x 55) to powder and successfully compacting it.  That is a lot of mass to successfully compact. 
Common sense would still ask, why not build this sports court directly on the ground level versus building it 7ft high on top of 7,700 cubic feet of “pulverized and compacted” excavated material??   
My only thought is that Premier Pools & Spas of San Antonio did NOT want to deal with the expense of properly hauling off this excess excavated material.  Unfortunately, the repair might be more expensive for them. 
The concrete is reinforced with #3 rebar on 12” centers as is the pool deck.  (This is beyond what most builders would have provided). “
These are irrelevant statements, since the issue is not how the cement was reinforced for the sports court, but the fact that the sports court literally sits on top of 3-6ft of excavated rocks/fill (from digging out the pool) covering an area approximately 35 ft x 55 ft. 
“The height of the court was originally to be handicap accessible from the side gate which would have put it 2’ higher.  We advised to lower it and they were always in the loop regarding elevation and placement. “
If handicap access was a concern, then building a ramp is much easier option than “pulverizing and compacting 7,700 cubic feet of excavated rocks/ fill and building a sports court 7-ft off the ground.
Not only does the court sit higher than our 6ft fence but it does NOT have any retaining walls to limit erosion and does not take into account proper drainage.  Unfortunately, the lack of proper planning is already eroding away this massive 7,700 cubic feet of material each time it rains. 
And the sports court does not have any safety barriers and people could literally fall off the court and hit the ground 7 ft below on the back end. 
In addition to failing to plan and construct this sports court, it is already developed major cracks lines running the length of the court, and in my opinion will only get worse and possibly buckle and break within the next year or so. 
Bottom line is that the sports court should’ve been built directly on the ground, and NOT 3ft - 7ft up in the air.  It almost seems as if Premier Pools & Spas of San Antonio was trying to save money by not hauling off the excavated dirt/rocks and instead “hid” the excess excavation under the sports court.     
Our concerns with the placement and construction of the sports court were given to Premier Pools & Spas of San Antonio multiple times in writing, but unfortunately they never addressed them. 
There was always a set of working drawings used which the [redacted]’s were given copies.  This is how they obtained the HOA approvals and we received our permits.  To suggest we were building a pool of this significance without a set of working drawings is ludicrous. 
True that this project was significant, but this is what we think is ludicrous:
1.       Accepting “working drawings” as approved engineered plans
2.       Computer-generated pictures (By Premier Pools & Spas of San Antonio) do not show elevation heights, drainage, plans, etc…
3.       “Working drawings” were obsolete from the beginning - the minute the excavation was done incorrectly, and the actual current size and shape of the pool is very different from these “drawings”.   Therefore, all numbers / sizes /dimensions were off which affected the placement of retaining walls, surrounding deck, drainage, gas lines, etc…
4.       Lack of proper contractor supervision / visits
As far as engineered plans go we work off the same basic schematic we and all other quality gunite pool builders have been using for years but, Premier Pools goes beyond in that we are using all #4 rebar on 9” center throughout the pool shell.  The typical rule of thumb is #3 12” on center and 6” on center at breaks and stress points.  There was no reason to get a soil sample because we were building on rock.  If Mr. [redacted] requires one our engineer can provide one once we are paid up on our contract.
We are not sure how these statements defend the fact that they do NOT have and/or deliver engineered plans per their contract.  Again, “working drawings” do not equate to plans and therefore, they had nothing to successfully follow and far as placement and construction.  Which is exactly why there is this huge issue with the sports court.
The drainage issue Mr. [redacted] speaks of needs some final tweaking but, we have installed drains in the pool deck which were not in our agreement and our contract calls for drainage to be a Mr. [redacted] expense.  What needs to be done is minor once sod and gardens are on place and an additional re-direct drain.
Our concern is NOT the drainage of excess water on the actual pool deck.
And our argument is simple…without plans, they failed to address proper drainage surrounding the pool and sports court since (a) the pool was built directly in the path of natural storm drainage, and (2) the elevation of the ground creates excess storm water starting at the top from the street level and from neighboring properties.  My property sits lower the street level and storm water drains around my home, through my yard, and into the green belt behind.
We accept and understand the responsibility of landscaping, but are frustrated that we were never informed of the extra expenses related to properly drain because of the placement of the pool and 7ft high sports court. 
“Mr. [redacted] Speaks of completion dates.  We were on track till they started considering a slide incased in the grotto waterfall.”
True we requested the change to include a slide, but that still not excuse the extreme lag for completion.  Please note the following facts:
1.       It has been almost 9 months (Mar- Nov) and pool is still not complete
2.       Slide was contracted for on 2 June 2016 and finally delivered on August 26th, 2016 (that’s almost 90 days to get a slide successfully delivered)
“This option usually cost 10k plus.  In fact, we’ve never done for less than 12,500.00 We presented 3 options from 7 to 15 thousand.  After a couple weeks, they decided on the 7-thousand-dollar option but, not after giving them additional 2,000 worth of deck and stone work for 6,950.00 with them paying half with a posted dated check.  
One posted-dated check of $3,400 only represents less than 2.7% of all the amounts of all of the checks that we gave them.  And we did this because we were started to lose faith that they would actually deliver…
Communication was excellent when they wanted their draws ($$), but horrible and non-existence at times when we had issues. 
“This slide had to be ordered (5/31 date of slide addendum) and took at least 3 weeks to receive. Once it was placed Neither the [redacted]’s nor myself was happy with the size. So of course, the [redacted] now want a custom-built slide costing more than our highest price option. “
This was perfect example of subpar management and we are not sure how he “ordered” a slide before we agreed to it (signed amendment 2 Jun 2016).  The original slide amendment called for a 4ft high slide, but Premier Pools & Spas of San Antonio interpreted it as a 4ft length slide.  Despite taking forever to order and deliver it, [redacted] (as the expert) should’ve known that a 4ft length slide does NOT “fit” into this oversized and “significant” pool.  And it was extremely comical to watch him try and place a little “kiddie” slide in our grotto.  We were neither amused nor happy, because we felt as if he was trying to “cut corners and go cheap”.
“During this period Mr. [redacted] spoke of wanting a higher longer retaining which he told my sub he would pay for.  I told him I would get a price together and return with an addendum.  Three days later when I returned It was almost done. Our sub told us Mr. [redacted] told him to move forward we had worked it out.  Of course, we had not! “
This is another example of what happens when there is lack of supervision and no plans.  Premier Pools & Spas of San Antonio agreed to additional decking per the slide amendment dated 2 Jun 2016.  
Unfortunately, they failed to recognize and/or address that additional decking would also increase the size of the retaining wall that was properly needed for the pool.  Additional pool decking required the pool contractor to cut deeper into the slope of the yard, increasing the height of the retaining wall.  As the pool construction experts we assumed that they would take into account any and all additional expenses that they would incur for increasing the deck when we negotiated and contracted the additional pool decking.  But obviously they did not. 
We did not ask for a higher retaining wall because we wanted one, and it was built because the subcontractor felt that it needed one and we very much agreed.  Again, no one from Premier Pools visited during that construction phase to give guidance. 
This also proves one our initial points that supervision barely visited the site. 
“I also noticed the steps leading down to the bar had 18” steps not 12” in the contract.  The same steps that Mr. [redacted] wanted but, refused to pay the 1800.00 increase.   Again, our sub was told by Mr. [redacted] we had worked it out.  When I emailed Mr. [redacted] the invoice with X-tra charges he refused to pay.  Again, our sub was told by Mr. [redacted] we had worked it out.  When I emailed Mr. [redacted] the invoice with X-tra charges he refused to pay.  This was now a work stoppage and of course ensuing arguments. A couple weeks passed and we came to the table eating the X-tra wall giving him the steps for cost and after having to call in favors for discounts, taking a factory test and becoming a dealer I was able to purchase this slide at below wholesale.”
Another example of [redacted] (the pool company owner) not knowing what is going on at the jobsite, since he hardly visited the site.  Premier Pools was supposed to take handicapped family members into account when designing this pool to make the steps easier to navigate.  Without plans and/or proper supervision, we noticed that the steps were only going to be 12 inches wide, therefore we did ask the subcontractor to increase the size of the stairs. 
Initially we did not want to pay for it because we felt as if Premier Pools & Spas of San Antonio failed at taking our request into consideration, and never included it into the plans because there wasn’t a plan to follow.  But after a few heated discussions, we agreed and paid both [redacted] and the subcontractor directly on 1st of August 2016 for the steps. 
“Then upon signing this new addendum which we are losing money on we had to argue for 3 hrs. of the validity of value. We merely were receiving approximately 2200.00 more for a slide that typically wholesaled for 5500.00.  “
This is exactly what was happening over the time period this pool was being constructed…we were losing confidence in this company.  And its evident and ironic that we had to have a 3-hour meeting on the validity of “their” value. 
“This slide took at least 30 days to receive and when it did arrive late one afternoon I was forced to use some temporary staffing employees that I had used in the past but, had no plans to continue with due to their conduct.  When they met me at the [redacted]’s residence I suspected they had been drinking and expressed my dissatisfaction with their lack of respect. There was no altercation and of course they were never used again.”
Sad but true…and it corroborates my statement that Premier Pools has had problems with manning / personnel and exposed us to potential liability by bringing in subpar drunk employees, who were part of his team prior to this incident and had worked on our pool previously.  And yes…I believe they almost got into an altercation that evening and [redacted] left visibly upset.  I even called him later that same night to discuss… 
“Work began again on the project.  Mr. [redacted] told me of some of the [redacted] crew was urinating at the site.  I immediately informed my sub of the problem.  (We tried to have a port a potty on site but, it was not allowed in that neighborhood).  “
Again, lack of proper supervision allowed something so grotesque to happen to our actual home foundation.   Port-a-potty or not, it was disgusting and I now have urine stains on my foundation. 
“During this time, we presented pictures of granite to the [redacted]’s for the bar top with no finalization on there part. During this time, we did thousands of dollars in grade work trash and excess materials were hauled off.  Mr. [redacted] shows the same pile of trash over and over at different angles.  Once the Slide was fully enclosed in Stone we asked for the balance on the addendum then the arguing started again but, we kept working for a few days and had the plaster ready and waiting.  We now asked again for the addendum and as per our contract the pre-plaster payment.  Now that refusal was a blatant breach and we stopped.”
They gave us one-day to approve some “cheap” granite…we didn’t and they were disappointed. 
Different angles of a trash heap does not change the fact that there is a huge pile of trash (from pool construction) in our backyard that should’ve been discarded.  We love taking pictures and pictures of the trash heap are very telling…
We sent the following verbiage in an email to Premier Pools & Spas of San Antonio on the 13th of September:
Therefore, unless otherwise directed by law…
WE WILL NOT MAKE ANY ADDITIONAL PAYMENTS UNTIL ALL WORK IS CORRECTLY COMPLETED AND WORK SITE IS CLEANED-UP!!!
We halted this project, despite knowing that they were ready to plaster the pool.
“Then all the craziness began.  I guess Mr. [redacted] needed to start creating bargaining chips.  We did no damage to his neighbors drive or fence and wouldn’t responsible if we had.  (we have a signed release)”
True he has a signed release from liability from my neighbor, but that does not negate the fact that he drove over and broke multiple times the neighbor’s pvc lines and damaged their fence.  He doesn’t realize that any damage to my fence and main posts also affects the neighbors.   I can also guarantee that my neighbor will not be sending him any referrals from dealing with all of these frustrations…
“Pictures are worth a thousand words…”
“We are responsible grade 3’ out from the deck only we did more than this.”
Not sure what this means…
“We are not responsible for sprinklers, moving of gas lines fences our trees. “
Unfortunately for us, [redacted] is correct as far as liability for any damage caused…but they grossly damaged my fence and yard.  And we don’t think that they had a “blank check” to do as much damage as they wanted…
Pictures tell the story well. 
And the main issue of NOT having engineered plans, they dug the pool in the wrong place requiring us to move the gas line at a cost of $1,400.   And without plans they successfully killed an 8-yr old tree that was very sentimental to my family who planted it while I was deployed to Iraq in 2008 for 10 months. 
“We take great care and these items mentioned are being grossly exaggerated. “
We wish that they had…and we successfully posted pictures online ([redacted]) for others to see that we are NOT exaggerating on the damages and current awful condition of the project. 
“We did not fail any electrical inspection and gas inspector wanted things that went beyond the gas line before he would pass us.”  
Two electrical failed inspections and at least two gas inspectors.  We spoke to the inspectors directly and they were concerned that some of electrical work was not properly done
“Our overall position is we gave the [redacted]’s a larger deeper pool with more deck, stone electrical and plumbing to the point losing money.  This is now what’s equal to 165,00.00 pool. You would think the [redacted]’s would be truly appreciative.  The [redacted]’s are very difficult to work with and have a unrealistic view on the time it takes to build a project like this especially when you have a customer who doesn’t want to pay the right price and is trying to make deals with your subs. “
Everything additional benefit that we received from this project was a result of multiple mistakes / lack of supervision from Premier Pools & Spas of San Antonio.  And us forcing them to accept responsibility. 
It was hard for [redacted] to handle this project because he was stretched thin and was constantly employed at other projects…hard to have value here when he promised to be very personally involved since it was/is his largest project and he wanted to showcase this pool for his company and future owners. 
It’s hard to be appreciative when we have to deal with personally and manually draining a pool and spa from every time it rains over the past 9 months to prevent the hordes of mosquitos that we had this summer and fall. 
It’s hard to be appreciative when we have had to water our lawn by hand for the past 9 months since the main sprinkler lines were damaged and we are awaiting to repair after construction is complete. 
The reality is that we would be appreciative if the pool and sports court were complete and we were using them. 
It/s hard to be appreciative when we have deal with the emotions of losing a sentimental tree and looking at all of the damage.
So it is extremely hard for us to see any value in our current situation with an incomplete pool, a sports court that needs to be redone, tons of damage, and losing time to deal with this situation.    
Also hard to see any value when we have to spend money to hire an attorney to get progress and closure. 
Even if we had “received” a million-dollar pool…it would basically be worthless because it wouldn’t be finished and we couldn’t use it. So no…currently there is NO value!!
“Everyone has been paid and there or no subs that will lien the property.” 
There were two subs that threatened us with liens – which is very odd that we would be contacted directly for possible liens.  Fortunately for Premier Pools & Spas of San Antonio, they worked with both of them so as to prevent any liens from subcontractors. And they negotiated with the last subcontractor just in September 2016.  So Premier Pools & Spas of San Antonio didn’t do me any favors…
“We allowed them to take advantage of the over excavation and give them a larger pool rather than bring the forms in to exact size which we certainly could have done.  Mr. [redacted] took advantage of this and had them increase size, slope and depth of the deep end. Again, we allowed this to happen all in an effort to please our customer.  These considerations were very costly.” 
It is so sad for a business owner to only worry about himself and not take us (his customer) into consideration, and the expenses that we have to deal with like all of the repairs to the entire fence, yard, sprinkler systems of both ours and our neighbors, water heaters, moving gas lines, etc…
And we also lost more than just money…we lost precious time, which is more valuable than money.
We were supposed to enjoy the pool with family and friends this past summer (2016) and fall.  Our oldest son is now a senior and will be joining the military after graduation, therefore, he lost the opportunity to enjoy the pool with us during his last free summer.   
We really believed Premier Pools & Spas of San Antonio when they forecasted a June 2016 completion date.  We also believed that a pool of this magnitude shouldn’t have taken longer than 4-5 months to complete and we were looking forward to having our three teenage boys enjoy the pool with their friends prior to start of school at the end of August. 
All three boys played football and basketball and wanted to invite their entire teams over…
And finally, [redacted] constantly refused to ever give us or hold himself to a calendar and/or schedule so that we could follow…again, no plan and subpar guidance resulted in a huge financial and personal headache.  He did sign a scheduled calendar but unfortunately did not live up to that timeline. 
“We truly want all our customers to be happy but, at some point we have to stop a customer that just continues to take advantage of your kindest and the tries to make you to be the bad guy it just isn’t right.
We would be willing at our attorney suggestion be willing to finish the job with the addendum of 3450.00 being paid and the remaining 5% of the original contract being placed in escrows till pool is plastered and started up.
Looking forward to resolving this in the near future. “
We feel that even though [redacted] is a good man and might be good at building pools, we feel as if he lacks the experience to properly manage the business and its’ finances.   Sometimes contractors of this magnitude and/or in this business rely on draws ($$) to both pay themselves and complete current projects. 
And when they run out of new starts…or new “draws” they run into trouble and start trying to cut corners to save money, but unfortunately it also affects the quality of work and the consumers.
We now have an expensive project (pool and sports court) that is more of a nuisance, eye sore, and safety issue than what a pool and sports court to enjoy with family and friends. 
Many lessons were learned with this major project. And in retrospect, we should've been more forceful with all of our written requests and concerns...and we should’ve safe-guarded our monies and release of draws better. 
We should’ve at least demanded a copy of the engineered plans prior to having them break ground.  But like any other new pool owner under construction, we were carried away and excited with the construction of our back yard "oasis"...and trusted Premier Pools and Spas of San Antonio more than we should've of. 
We want our pool completely done, our sports court completely redone, and reimbursements for some of the excessive damage and fees.

Re:  [redacted]   [redacted]         First of all we were not 3 months late. A job like this with natural rock waterfalls requires tweaking and moving of rocks to attain optimal effect and there was additional work that was done at no...

charge.  A water line for a shower which we poured the slab and topped with flagstone. Topped the steps from patio to pool deck.  Re sealed 1,000 sq. ft. existing patio.  Provided and spread a load of top soil.  Added a step inside the pool after it was gunited.  All of these items combined are worth approximately $8,000.00.      The Items Mr. [redacted] is complaining about fountain, grouting of fountain and stones on overflow are all xtra items.  Which we will do.  The others mentioned were first seen as I read the complaint.        We strive to make all of our customers happy that’s why the above mentioned items were given.  I visited Mr. [redacted]’s home approximately 5 week’s ago a week later I herniated a disc in my back and have a rough time of getting things done and have gotten behind on everything. We will get to at ASAP but, I will have to do it myself since it involves three separate trades of skill set to perform.       In closing this project in my opinion has such a unique a good look we were goin to enter it in the award competion for the spool class but, missed the deadline.   Best regards,   [redacted]

Re:  ID [redacted] (Mr. and Mrs. [redacted], TX.)      In regards to Mr. [redacted]’s latest response we submit the following;We have a approval letters from the HOA regarding the Pool, concrete work and deck which Mr, [redacted] now calls a sport court.  This letters where provided to us by the [redacted]’s.  The court was built on the powder of broken rock which was created by jackhammering the hole necessary to accommodate the pool and crushed limestone base both of which were compacted with hundreds of passes by machinery weighing over 10,000 lbs. and a vibrating plate compactor.  The concrete is reinforced with #3 rebar on 12” centers as is the pool deck.  (This is beyond what most builders would have provided).  The height of the court was originally to be handicap accessible from the side gate which would have put it 2’ higher.  We advised to lower it and they were always in the loop regarding elevation and placement.  There was always a set of working drawings used which the [redacted]’s were given copies.  This is how they obtained the HOA approvals and we received our permits.  To suggest we were building a pool of this significance without a set of working drawings is ludicrous. As far as engineered plans go we work off the same basic schematic we and all other quality gunite pool builders have been using for years but, Premier Pools goes beyond in that we are using all #4 rebar on 9” center throughout the pool shell.  The typical rule of thumb is #3 12” on center and 6” on center at breaks and stress points.  There was no reason to get a soil sample because we were building on rock.  If Mr. [redacted] requires one our engineer can provide one once we are paid up on our contract.The drainage issue Mr. [redacted] speaks of needs some final tweaking but, we have installed drains in the pool deck which were not in our agreement and our contract calls for drainage to be a Mr. [redacted] expense.  What needs to be done is minor once sod and gardens are on place and an additional re-direct drain.Mr. [redacted] Speaks of completion dates.  We were on track till they started considering a slide incased in the grotto waterfall.  This option usually cost 10k plus.  In fact, we’ve never done for less than 12,500.00 We presented 3 options from 7 to 15 thousand.  After a couple weeks, they decided on the 7-thousand-dollar option but, not after giving them additional 2,000 worth of deck and stone work for 6,950.00 with them paying half with a posted dated check.  This slide had to be ordered (5/31 date of slide addendum) and took at least 3 weeks to receive. Once it was placed Neither the [redacted]’s nor myself was happy with the size. So of course, the [redacted] now want a custom-built slide costing more than our highest price option.  During this period Mr. [redacted] spoke of wanting a higher longer retaining which he told my sub he would pay for.  I told him I would get a price together and return with an addendum.  Three days later when I returned It was almost done. Our sub told us Mr. [redacted] told him to move forward we had worked it out.  Of course, we had not!  I also noticed the steps leading down to the bar had 18” steps not 12” in the contract.  The same steps that Mr. [redacted] wanted but, refused to pay the 1800.00 increase.  Again, our sub was told by Mr. [redacted] we had worked it out.  When I emailed Mr. [redacted] the invoice with X-tra charges he refused to pay.  This was now a work stoppage and of course ensuing arguments. A couple weeks passed and we came to the table eating the X-tra wall giving him the steps for cost and after having to call in favors for discounts, taking a factory test and becoming a dealer I was able to purchase this slide at below wholesale. Then upon signing this new addendum which we are losing money on we had to argue for 3 hrs. of the validity of value. We merely were receiving approximately 2200.00 more for a slide that typically wholesaled for 5500.00.  This slide took at least 30 days to receive and when it did arrive late one afternoon I was forced to use some temporary staffing employees that I had used in the past but, had no plans to continue with due to their conduct.  When they met me at the [redacted]’s residence I suspected they had been drinking and expressed my dissatisfaction with their lack of respect. There was no altercation and of course they were never used again.Work began again on the project.  Mr. [redacted] told me of some of the [redacted] crew was urinating at the site.  I immediately informed my sub of the problem.  (We tried to have a port a potty on site but, it was not allowed in that neighborhood).  During this time, we presented pictures of granite to the [redacted]’s for the bar top with no finalization on there part. During this time, we did thousands of dollars in grade work trash and excess materials were hauled off.  Mr. [redacted] shows the same pile of trash over and over at different angles.  Once the Slide was fully enclosed in Stone we asked for the balance on the addendum then the arguing started again but, we kept working for a few days and had the plaster ready and waiting.  We now asked again for the addendum and as per our contract the pre-plaster payment.  Now that refusal was a blatant breach and we stopped.Then all the craziness began.  I guess Mr. [redacted] needed to start creating bargaining chips.  We did no damage to his neighbors drive or fence and wouldn’t responsible if we had.  (we have a signed release)We are responsible grade 3’ out from the deck only we did more than this.We are not responsible for sprinklers, moving of gas lines fences our trees.We take great care and these items mentioned are being grossly exaggerated.  We did not fail any electrical inspection and gas inspector wanted things that went beyond the gas line before he would pass us.  Our overall position is we gave the [redacted]’s a larger deeper pool with more deck, stone electrical and plumbing to the point losing money.  This is now what’s equal to 165,00.00 pool. You would think the [redacted]’s would be truly appreciative.  The [redacted]’s are very difficult to work with and have a unrealistic view on the time it takes to build a project like this especially when you have a customer who doesn’t want to pay the right price and is trying to make deals with your subs.  Everyone has been paid and there or no subs that will lien the property. We allowed them to take advantage of the over excavation and give them a larger pool rather than bring the forms in to exact size which we certainly could have done.  Mr. [redacted] took advantage of this and had them increase size, slope and depth of the deep end. Again, we allowed this to happen all in an effort to please our customer.  These considerations were very costly. We truly want all our customers to be happy but, at some point we have to stop a customer that just continues to take advantage of your kindest and the tries to make you to be the bad guy it just isn’t right.We would be willing at our attorney suggestion be willing to finish the job with the addendum of 3450.00 being paid and the remaining 5% of the original contract being placed in escrows till pool is plastered and started up.Looking forward to resolving this in the near future.  Best Regards,[redacted]President

Re:  ID [redacted] (Mr. and Mrs. [redacted], [redacted], TX)  ...

      In regards to the above referenced matter we have retained the law firm of [redacted]. Unlike Mr. [redacted] and his biased dissertation of untruths we, upon advice of counsel contest all allegations of incompetence and responsibility of any damage stated by Mr. [redacted]. The [redacted]’s have not been truthful in their complaint as for as timely payments, unaware of elevations, there payments, addendums for additional work done at their bequest and refusal to pay etc. The pool is 95% finished and will be completed once the addendum is paid and the 5% due prior to plaster.  We want nothing more than to finish the project. Mr. [redacted] is bringing up items that are clearly stated in contract as not our responsibility and made no mention of half of these till we stopped worked for non-payment.  We have done nothing but give, and give more to this project, well above stated in our agreement.  We have more than lived up to our end the bargain and are insulted by Mr. [redacted]’s claims. We will be happy to give a more in depth rebuttal to this matter after our next meeting with our attorneys in the upcoming week.     Best Regards,   [redacted] President

Premier Pools is in the process of the pool repairs as of 2/5/14. As Mr. [redacted] stated in his complaint, “the pool was leaking before it was filled”. This is impossible for this to happen because there was no water in the pool. However, Premier Pools discovered a leak after the...

pool was plastered and filled. In order to find out why a brand new pool was leaking, Premier Pools contracted Arias & Associates to do concrete core samples on the structure. I have attached their findings, they are above the minimum P.S.I. required. This means the only reason for the cracks is ground movement. I have also attached a copy of our contract with the paragraph underlined showing that Premier Pools is not responsible for the leak. However, Premier Pools has decided to fix the leaks in good faith, at no charge to Mr.[redacted].
Thank You,
[redacted]
Premier Pools & Spas
23127 I.H. 10 West Ste. 201
San Antonio Tx, 78257
###-###-#### Office
###-###-#### Mobil
###-###-#### Fax

Complaint: [redacted]
I am rejecting this response because:
Again, thank you for your response and I want to make it clear that ALL of our issues fall into one of these three categories:1.       Failure to develop Engineered plans (per the contract) and Following said plans2.       Lack of Communication3.       Lack of Site Visits and Proper Supervision ([redacted] and/or supervision only visited our home approximately 10% of the time it was under construction – we documented all of their visits just in case)Therefore, here is our response to your latest response:  “We have a approval letters from the HOA regarding the Pool, concrete work and deck which Mr, [redacted] now calls a sport court.  This letters where provided to us by the [redacted]’s. “True, we did share with the pool builder two different HOA approval letters that we received: (1) First letter addressed building the pool and (2) the Second letter addressed the sports court.  But here are our issues with Premier Pools & Spas of San Antonio using both of these letters as “approval” for them to proceed:  a)      The first HOA approval letter was a result of the HOA reviewing engineered plans from a completely different pool builder that we were going to use contract with initially, prior to contracting with Premier Pools & Spas of San Antonio.   But the HOA letter does address the responsibility of leaving “all areas surrounding the project, including the fences, public right-of-way, sidewalks, and streets, in like new-condition”, which Premier Pools and Spas of San Antonio is failing to do. b)      The second HOA approval letter only approves building a 30’ x 50’ slab, but does NOT address/identify how and/or where it was going to be builtI hate reiterating the same valid main point, but Premier Pools & Spas of San Antonio initially failed to abide by the contract since the contract states: “Contractor to provide layout and structurally engineered plans.” Needless to say, this is the root cause of all of the remaining main issues!!  Again, we have asked for them multiple times in writing and to date, they have failed to provide any and/or admit to not doing them at all.  “The court was built on the powder of broken rock which was created by jackhammering the hole necessary to accommodate the pool and crushed limestone base both of which were compacted with hundreds of passes by machinery weighing over 10,000 lbs. and a vibrating plate compactor. "Unfortunately, this is not true and we have tons of pictures to prove that there are hundreds (if not thousands) of rocks of various sizes, that make up this excavated material.   And it is literally impossible and comic to think that all of these rocks were successfully pulverized to powder.   This is a huge pool with tons of excavated material.  Therefore, they are claiming to successfully compacting 7,700 cubic feet of material (4 x 35 x 55) to powder and successfully compacting it.  That is a lot of mass to successfully compact.  Common sense would still ask, why not build this sports court directly on the ground level versus building it 7ft high on top of 7,700 cubic feet of “pulverized and compacted” excavated material??   My only thought is that Premier Pools & Spas of San Antonio did NOT want to deal with the expense of properly hauling off this excess excavated material.  Unfortunately, the repair might be more expensive for them.  The concrete is reinforced with #3 rebar on 12” centers as is the pool deck.  (This is beyond what most builders would have provided). “These are irrelevant statements, since the issue is not how the cement was reinforced for the sports court, but the fact that the sports court literally sits on top of 3-6ft of excavated rocks/fill (from digging out the pool) covering an area approximately 35 ft x 55 ft.  “The height of the court was originally to be handicap accessible from the side gate which would have put it 2’ higher.  We advised to lower it and they were always in the loop regarding elevation and placement. “If handicap access was a concern, then building a ramp is much easier option than “pulverizing and compacting 7,700 cubic feet of excavated rocks/ fill and building a sports court 7-ft off the ground.Not only does the court sit higher than our 6ft fence but it does NOT have any retaining walls to limit erosion and does not take into account proper drainage.  Unfortunately, the lack of proper planning is already eroding away this massive 7,700 cubic feet of material each time it rains.  And the sports court does not have any safety barriers and people could literally fall off the court and hit the ground 7 ft below on the back end.  In addition to failing to plan and construct this sports court, it is already developed major cracks lines running the length of the court, and in my opinion will only get worse and possibly buckle and break within the next year or so.  Bottom line is that the sports court should’ve been built directly on the ground, and NOT 3ft - 7ft up in the air.  It almost seems as if Premier Pools & Spas of San Antonio was trying to save money by not hauling off the excavated dirt/rocks and instead “hid” the excess excavation under the sports court.      Our concerns with the placement and construction of the sports court were given to Premier Pools & Spas of San Antonio multiple times in writing, but unfortunately they never addressed them.  There was always a set of working drawings used which the [redacted]’s were given copies.  This is how they obtained the HOA approvals and we received our permits.  To suggest we were building a pool of this significance without a set of working drawings is ludicrous. True that this project was significant, but this is what we think is ludicrous:1.       Accepting “working drawings” as approved engineered plans2.       Computer-generated pictures (By Premier Pools & Spas of San Antonio) do not show elevation heights, drainage, plans, etc…3.       “Working drawings” were obsolete from the beginning - the minute the excavation was done incorrectly, and the actual current size and shape of the pool is very different from these “drawings”.   Therefore, all numbers / sizes /dimensions were off which affected the placement of retaining walls, surrounding deck, drainage, gas lines, etc…4.       Lack of proper contractor supervision / visitsAs far as engineered plans go we work off the same basic schematic we and all other quality gunite pool builders have been using for years but, Premier Pools goes beyond in that we are using all #4 rebar on 9” center throughout the pool shell.  The typical rule of thumb is #3 12” on center and 6” on center at breaks and stress points.  There was no reason to get a soil sample because we were building on rock.  If Mr. [redacted] requires one our engineer can provide one once we are paid up on our contract.We are not sure how these statements defend the fact that they do NOT have and/or deliver engineered plans per their contract.  Again, “working drawings” do not equate to plans and therefore, they had nothing to successfully follow and far as placement and construction.  Which is exactly why there is this huge issue with the sports court.The drainage issue Mr. [redacted] speaks of needs some final tweaking but, we have installed drains in the pool deck which were not in our agreement and our contract calls for drainage to be a Mr. [redacted] expense.  What needs to be done is minor once sod and gardens are on place and an additional re-direct drain.Our concern is NOT the drainage of excess water on the actual pool deck.And our argument is simple…without plans, they failed to address proper drainage surrounding the pool and sports court since (a) the pool was built directly in the path of natural storm drainage, and (2) the elevation of the ground creates excess storm water starting at the top from the street level and from neighboring properties.  My property sits lower the street level and storm water drains around my home, through my yard, and into the green belt behind. We accept and understand the responsibility of landscaping, but are frustrated that we were never informed of the extra expenses related to properly drain because of the placement of the pool and 7ft high sports court.  “Mr. [redacted] Speaks of completion dates.  We were on track till they started considering a slide incased in the grotto waterfall.”True we requested the change to include a slide, but that still not excuse the extreme lag for completion.  Please note the following facts:1.       It has been almost 9 months (Mar- Nov) and pool is still not complete2.       Slide was contracted for on 2 June 2016 and finally delivered on August 26th, 2016 (that’s almost 90 days to get a slide successfully delivered)“This option usually cost 10k plus.  In fact, we’ve never done for less than 12,500.00 We presented 3 options from 7 to 15 thousand.  After a couple weeks, they decided on the 7-thousand-dollar option but, not after giving them additional 2,000 worth of deck and stone work for 6,950.00 with them paying half with a posted dated check.  One posted-dated check of $3,400 only represents less than 2.7% of all the amounts of all of the checks that we gave them.  And we did this because we were started to lose faith that they would actually deliver…Communication was excellent when they wanted their draws ($$), but horrible and non-existence at times when we had issues.  “This slide had to be ordered (5/31 date of slide addendum) and took at least 3 weeks to receive. Once it was placed Neither the [redacted]’s nor myself was happy with the size. So of course, the [redacted] now want a custom-built slide costing more than our highest price option. “This was perfect example of subpar management and we are not sure how he “ordered” a slide before we agreed to it (signed amendment 2 Jun 2016).  The original slide amendment called for a 4ft high slide, but Premier Pools & Spas of San Antonio interpreted it as a 4ft length slide.  Despite taking forever to order and deliver it, [redacted] (as the expert) should’ve known that a 4ft length slide does NOT “fit” into this oversized and “significant” pool.  And it was extremely comical to watch him try and place a little “kiddie” slide in our grotto.  We were neither amused nor happy, because we felt as if he was trying to “cut corners and go cheap”. “During this period Mr. [redacted] spoke of wanting a higher longer retaining which he told my sub he would pay for.  I told him I would get a price together and return with an addendum.  Three days later when I returned It was almost done. Our sub told us Mr. [redacted] told him to move forward we had worked it out.  Of course, we had not! “ This is another example of what happens when there is lack of supervision and no plans.  Premier Pools & Spas of San Antonio agreed to additional decking per the slide amendment dated 2 Jun 2016.   Unfortunately, they failed to recognize and/or address that additional decking would also increase the size of the retaining wall that was properly needed for the pool.  Additional pool decking required the pool contractor to cut deeper into the slope of the yard, increasing the height of the retaining wall.  As the pool construction experts we assumed that they would take into account any and all additional expenses that they would incur for increasing the deck when we negotiated and contracted the additional pool decking.  But obviously they did not.  We did not ask for a higher retaining wall because we wanted one, and it was built because the subcontractor felt that it needed one and we very much agreed.  Again, no one from Premier Pools visited during that construction phase to give guidance.  This also proves one our initial points that supervision barely visited the site.  “I also noticed the steps leading down to the bar had 18” steps not 12” in the contract.  The same steps that Mr. [redacted] wanted but, refused to pay the 1800.00 increase.   Again, our sub was told by Mr. [redacted] we had worked it out.  When I emailed Mr. [redacted] the invoice with X-tra charges he refused to pay.  Again, our sub was told by Mr. [redacted] we had worked it out.  When I emailed Mr. [redacted] the invoice with X-tra charges he refused to pay.  This was now a work stoppage and of course ensuing arguments. A couple weeks passed and we came to the table eating the X-tra wall giving him the steps for cost and after having to call in favors for discounts, taking a factory test and becoming a dealer I was able to purchase this slide at below wholesale.”Another example of [redacted] (the pool company owner) not knowing what is going on at the jobsite, since he hardly visited the site.  Premier Pools was supposed to take handicapped family members into account when designing this pool to make the steps easier to navigate.  Without plans and/or proper supervision, we noticed that the steps were only going to be 12 inches wide, therefore we did ask the subcontractor to increase the size of the stairs.  Initially we did not want to pay for it because we felt as if Premier Pools & Spas of San Antonio failed at taking our request into consideration, and never included it into the plans because there wasn’t a plan to follow.  But after a few heated discussions, we agreed and paid both [redacted] and the subcontractor directly on 1st of August 2016 for the steps.  “Then upon signing this new addendum which we are losing money on we had to argue for 3 hrs. of the validity of value. We merely were receiving approximately 2200.00 more for a slide that typically wholesaled for 5500.00.  “This is exactly what was happening over the time period this pool was being constructed…we were losing confidence in this company.  And its evident and ironic that we had to have a 3-hour meeting on the validity of “their” value.  “This slide took at least 30 days to receive and when it did arrive late one afternoon I was forced to use some temporary staffing employees that I had used in the past but, had no plans to continue with due to their conduct.  When they met me at the [redacted]’s residence I suspected they had been drinking and expressed my dissatisfaction with their lack of respect. There was no altercation and of course they were never used again.”Sad but true…and it corroborates my statement that Premier Pools has had problems with manning / personnel and exposed us to potential liability by bringing in subpar drunk employees, who were part of his team prior to this incident and had worked on our pool previously.  And yes…I believe they almost got into an altercation that evening and [redacted] left visibly upset.  I even called him later that same night to discuss…  “Work began again on the project.  Mr. [redacted] told me of some of the [redacted] crew was urinating at the site.  I immediately informed my sub of the problem.  (We tried to have a port a potty on site but, it was not allowed in that neighborhood).  “Again, lack of proper supervision allowed something so grotesque to happen to our actual home foundation.   Port-a-potty or not, it was disgusting and I now have urine stains on my foundation.  “During this time, we presented pictures of granite to the [redacted]’s for the bar top with no finalization on there part. During this time, we did thousands of dollars in grade work trash and excess materials were hauled off.  Mr. [redacted] shows the same pile of trash over and over at different angles.  Once the Slide was fully enclosed in Stone we asked for the balance on the addendum then the arguing started again but, we kept working for a few days and had the plaster ready and waiting.  We now asked again for the addendum and as per our contract the pre-plaster payment.  Now that refusal was a blatant breach and we stopped.”They gave us one-day to approve some “cheap” granite…we didn’t and they were disappointed.  Different angles of a trash heap does not change the fact that there is a huge pile of trash (from pool construction) in our backyard that should’ve been discarded.  We love taking pictures and pictures of the trash heap are very telling…We sent the following verbiage in an email to Premier Pools & Spas of San Antonio on the 13th of September:Therefore, unless otherwise directed by law…WE WILL NOT MAKE ANY ADDITIONAL PAYMENTS UNTIL ALL WORK IS CORRECTLY COMPLETED AND WORK SITE IS CLEANED-UP!!!We halted this project, despite knowing that they were ready to plaster the pool.“Then all the craziness began.  I guess Mr. [redacted] needed to start creating bargaining chips.  We did no damage to his neighbors drive or fence and wouldn’t responsible if we had.  (we have a signed release)”True he has a signed release from liability from my neighbor, but that does not negate the fact that he drove over and broke multiple times the neighbor’s pvc lines and damaged their fence.  He doesn’t realize that any damage to my fence and main posts also affects the neighbors.   I can also guarantee that my neighbor will not be sending him any referrals from dealing with all of these frustrations…“Pictures are worth a thousand words…”“We are responsible grade 3’ out from the deck only we did more than this.”Not sure what this means…“We are not responsible for sprinklers, moving of gas lines fences our trees. “Unfortunately for us, [redacted] is correct as far as liability for any damage caused…but they grossly damaged my fence and yard.  And we don’t think that they had a “blank check” to do as much damage as they wanted…Pictures tell the story well.  And the main issue of NOT having engineered plans, they dug the pool in the wrong place requiring us to move the gas line at a cost of $1,400.   And without plans they successfully killed an 8-yr old tree that was very sentimental to my family who planted it while I was deployed to Iraq in 2008 for 10 months.  “We take great care and these items mentioned are being grossly exaggerated. “We wish that they had…and we successfully posted pictures online ([redacted]) for others to see that we are NOT exaggerating on the damages and current awful condition of the project.  “We did not fail any electrical inspection and gas inspector wanted things that went beyond the gas line before he would pass us.”  Two electrical failed inspections and at least two gas inspectors.  We spoke to the inspectors directly and they were concerned that some of electrical work was not properly done “Our overall position is we gave the [redacted]’s a larger deeper pool with more deck, stone electrical and plumbing to the point losing money.  This is now what’s equal to 165,00.00 pool. You would think the [redacted]’s would be truly appreciative.  The [redacted]’s are very difficult to work with and have a unrealistic view on the time it takes to build a project like this especially when you have a customer who doesn’t want to pay the right price and is trying to make deals with your subs. “Everything additional benefit that we received from this project was a result of multiple mistakes / lack of supervision from Premier Pools & Spas of San Antonio.  And us forcing them to accept responsibility.  It was hard for [redacted] to handle this project because he was stretched thin and was constantly employed at other projects…hard to have value here when he promised to be very personally involved since it was/is his largest project and he wanted to showcase this pool for his company and future owners.  It’s hard to be appreciative when we have to deal with personally and manually draining a pool and spa from every time it rains over the past 9 months to prevent the hordes of mosquitos that we had this summer and fall.  It’s hard to be appreciative when we have had to water our lawn by hand for the past 9 months since the main sprinkler lines were damaged and we are awaiting to repair after construction is complete.  The reality is that we would be appreciative if the pool and sports court were complete and we were using them.  It/s hard to be appreciative when we have deal with the emotions of losing a sentimental tree and looking at all of the damage.So it is extremely hard for us to see any value in our current situation with an incomplete pool, a sports court that needs to be redone, tons of damage, and losing time to deal with this situation.    Also hard to see any value when we have to spend money to hire an attorney to get progress and closure.  Even if we had “received” a million-dollar pool…it would basically be worthless because it wouldn’t be finished and we couldn’t use it. So no…currently there is NO value!!“Everyone has been paid and there or no subs that will lien the property.” There were two subs that threatened us with liens – which is very odd that we would be contacted directly for possible liens.  Fortunately for Premier Pools & Spas of San Antonio, they worked with both of them so as to prevent any liens from subcontractors. And they negotiated with the last subcontractor just in September 2016.  So Premier Pools & Spas of San Antonio didn’t do me any favors…“We allowed them to take advantage of the over excavation and give them a larger pool rather than bring the forms in to exact size which we certainly could have done.  Mr. [redacted] took advantage of this and had them increase size, slope and depth of the deep end. Again, we allowed this to happen all in an effort to please our customer.  These considerations were very costly.” It is so sad for a business owner to only worry about himself and not take us (his customer) into consideration, and the expenses that we have to deal with like all of the repairs to the entire fence, yard, sprinkler systems of both ours and our neighbors, water heaters, moving gas lines, etc…And we also lost more than just money…we lost precious time, which is more valuable than money.We were supposed to enjoy the pool with family and friends this past summer (2016) and fall.  Our oldest son is now a senior and will be joining the military after graduation, therefore, he lost the opportunity to enjoy the pool with us during his last free summer.    We really believed Premier Pools & Spas of San Antonio when they forecasted a June 2016 completion date.  We also believed that a pool of this magnitude shouldn’t have taken longer than 4-5 months to complete and we were looking forward to having our three teenage boys enjoy the pool with their friends prior to start of school at the end of August.  All three boys played football and basketball and wanted to invite their entire teams over…And finally, [redacted] constantly refused to ever give us or hold himself to a calendar and/or schedule so that we could follow…again, no plan and subpar guidance resulted in a huge financial and personal headache.  He did sign a scheduled calendar but unfortunately did not live up to that timeline.  “We truly want all our customers to be happy but, at some point we have to stop a customer that just continues to take advantage of your kindest and the tries to make you to be the bad guy it just isn’t right.We would be willing at our attorney suggestion be willing to finish the job with the addendum of 3450.00 being paid and the remaining 5% of the original contract being placed in escrows till pool is plastered and started up.Looking forward to resolving this in the near future. “We feel that even though [redacted] is a good man and might be good at building pools, we feel as if he lacks the experience to properly manage the business and its’ finances.   Sometimes contractors of this magnitude and/or in this business rely on draws ($$) to both pay themselves and complete current projects.  And when they run out of new starts…or new “draws” they run into trouble and start trying to cut corners to save money, but unfortunately it also affects the quality of work and the consumers. We now have an expensive project (pool and sports court) that is more of a nuisance, eye sore, and safety issue than what a pool and sports court to enjoy with family and friends.  Many lessons were learned with this major project. And in retrospect, we should've been more forceful with all of our written requests and concerns...and we should’ve safe-guarded our monies and release of draws better.  We should’ve at least demanded a copy of the engineered plans prior to having them break ground.  But like any other new pool owner under construction, we were carried away and excited with the construction of our back yard "oasis"...and trusted Premier Pools and Spas of San Antonio more than we should've of.  We want our pool completely done, our sports court completely redone, and reimbursements for some of the excessive damage and fees.

The deck stain was a piece of aggregate in the concrete that caused a rust stain to appear on the surface of the spray-crete texture finish. This stone was removed, the hole was sealed, filled, and the deck touched up to match.
The light was replaced. 
The mortar...

will be addressed next week depending on Mr. [redacted] availability and weather.