Stone & Webster, Incorporated

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved] Complaint: [redacted] I am rejecting this response because:Responses follow:The contract and pool plan was signed off on by customer stating 12’ maximum width and 26’ maximum length with a 6’ spaThis is the same plan submitted for permitting and used to build the poolThis freeform pool measured from the waterline tile is 25’11” in length, 12’3” at widest width (which is the center of the pool), and the spa is 6’2”The contract states measurement in the contract and on the plan are approximate.Response - the contract does state that the dimensions may end up varying due to set back requirements, locations of existing improvements, soil conditions and other conditions beyond the control of the contractorIt also provides maximum dimensions and then refers to plan drawingClearly the maximum dimensions are not the only guiding factors because that would allow the pool to be significantly smaller and still comply with contractCommon sense dictates that the drawing, which is provided by contractor and approved in writing by customer, must be the final guiding documentThe drawing we have shows the middle area of the pool at approximately 12.5' and the actual dimension is closer to 10.5' and the length is not 25'11", it is more like 25'6"The contract clearly outlines a formula for reimbursing for just this situation, using actual measurements compared to contract drawing measurements, an estimate of that would be about $due back to usI have asked repeatedly to have a professional discussion and contractor has refused.Before construction started, the customer wanted to add additional deck and footers for a future screen enclosure; therefore, a change order was signed by customer agreeing to pay the additional amount with payment #When elevations were being determined, the option of a step-down was discussed with the customer’s father, who was overseeing the job for herHe said she would not want a step down.Response: We never advised the pool company that my father was overseeing construction and my father never had any conversation about a step downThis is a blatant lie and I wonder, without written direction from customer, why contractor would even suggest that they would take direction from othersI spoke with my father and he is very offended to be quoted saying something he did not say and to be dragged into something that does not concern him.It was determined the deck would need a stem wall after the environmental department received a complaint from a neighbor regarding drainage concernsWe offered to charge only for materials and absorb all labor costs relating to the stem wall and another change order was signed by customer agreeing to pay with payment #The customer agreement also states fill dirt and stem walls are not included in contract unless states, which in this case, it was not.Response: this relates to the step or the general elevation of the poolIt is correct that the city stepped in and asked for more support for the poolThe point is that the cost for this would have been much lower if contractor had visited site prior to digging pool and realized the builder had raised the grade from the original empty lot level and advised us that we could have a step off the patio and have the pool closer to gradeI did sign the addendum with a note that I objected to it, because contractor stated they would not finish the pool if I did not signI had no option because we were out of time on our mortgageI asked to talk about it and again the contractor refused.Even though the customer did not pay for the change orders with payment #3, we continued with construction and finished her poolThis is not our policy but we did it in good faith.It was discovered that the pool had a leak and equipment needed to be shut off to locate itThe pool was off for days at mostThe leak has been permanently fixed.Response: the first drain leak was identified around 7/and permanently fixed sometime around July During the first part, we had to add 6-8" of water to the pool every single day, then after first attempt at temporary fix, more like 1" of water a dayThat leak was resolved with the temporary fix around July 20, I thinkContractor should have exact datesWe also had to pay someone $to help us with the chemicals over the holiday weekend because we could not get in touch with contractor and the pool was green with tadpoles in itWe estimate the cost of water to be approximately $500, plus the $fee = $We are still waiting on a response to our request for an extended warranty since we know the original installation was faultyThe only equipment not installed on the pool is the automatic pool vacuum.Response - we agree, the vendor has not installed all of the equipment.The claim of water spraying from the plumbing at the equipment was caused by the customer allowing the water level to get too low (which happens with evaporation) causing the pump to get hot and melt the plumbingThe customer was told we would be there to fix this if she would pay for the change orders that were due with payment #She did not return the phone call and filed this complaint the next dayWe have since fixed the problem hoping to get payment as she owes almost $7,000.Response: - no wayI spoke with the pool company the day I called about the leak and they told me they absolutely would not fix the leak until we paid in full and then backed down to asking if we could pay some and then hung up on meMy message has been clear that I want everything finished before I pay, that we have a few small items to reconcile and that because a brand new pool leaked, I just want some kind of guarantee against future leaksNew pools should never ever leak and this leaves me feeling very uncomfortable with the one year warranty the contractor providesThe contractor will not even respond to this request.On the pump issue and the leak, this is completely inaccurate and does not even make sense, given the timelineThe only time the pool was ever low for more than an a few hours was the day the pool company came out to fix the leak in the plumbing that we had called about the week beforeDuring the time with the early severe leak, the pool was down very low every morning, but we diligently filled it again every dayBecause of the leak in the plumbing that showed up on Aug 2, the pool water went down a couple of inches overnight every night and we filled it every day, We did not fill it on Aug because we knew the pool company would be out that dayThe problem with the plumbing occurred sometime between Thurs July and Monday Aug We were out of town for days and when we returned on July 28, the pool level was fine, (middle of tile) and I emptied the little leaf basket and cleaned the filterThe little leaf basket came out just fine, and everything was working fineIt was sometime around Aug when my husband went outside and saw the pipes squirting like a huge sprinklerWe called the pool company and then looked over all of the equipmentI checked the little leaf basket and found a bunch of chunks of white plaster in it, sucked up against the side where the water goes into the pipes, inhibiting water flowThe plastic side of the basket had actually been sucked into the pipe enough that the basket was deformed and would not come outSo, it is my opinion that those chunks of plaster clogged the basket and caused the problemThe contractor acknowledged that when they did the permanent fix on the leak, they left the pieces of plaster in the bottom of the pool for us to clean up with the pool vacuumThe low pool level the contractor references happened well after the plumbing leak occurred and when the leak occurred the level was consistently at the middle of tile, where they told us to keep itWe are still not certain the pool drain leak is fixed, it is hard to sayWe are losing about 1” of water per day, but that may very well be from evaporation, although it seems a bit excessive.Quote from a website - North Carolina with its hot, humid summers has relatively low evaporation rates for pools unless we get a very hot day and a very cool night back to back which can increase evaporation ratesSo how much should you be losing? On the extreme end, a pool can lose as much as a quarter-inch of water per day! We would be much happier with a warranty to protect us from leaks for more than another months.We have repeatedly told the contractor that we have every intention of paying, once we have a professional discussion and once the pool is complete and is not leakingBased on the above, it is our opinion that the balance due to Superior Pools should be adjusted by the following:Water - $500Service fee - $75Pool dimensions - $(or contractor may provide calculation)Total - $1375We would also like a warranty for leaks for a year periodI have researched and pools that are well constructed should not leak, so there should be no concern with providing the warrantyAn after-market warranty can be provided for less than $per yearAlthough I think it is incredibly unfair to us, we are willing to let the issue of the stemwall and the cost of the concrete go if the contractor is willing to work with us on these other costsWe have the option of filing arbitration, but that will cost both sides more money and should not be necessaryThis situation can be easily resolved with some reasonable discussion with the contractorThey have already agreed to pay for the water cost, we are willing to pay for the extra concrete without any dispute resolution if they will accept the request on the pool size, which is based on the actual dimensions of the pool, as compared to the drawing they provided, and calculate based on the formula included in their contract for exactly this situationI can provide a check as soon as we reach agreement.Regards, [redacted] *** Regards, [redacted] ***

Revdex.com complaint ID *** The contract and pool plan was signed off on by customer stating 12’ maximum width and 26’ maximum length with a 6’ spaThis is the same plan submitted for permitting and used to build the poolThis freeform pool measured from the waterline tile is 25’11” in length, 12’3”
at widest width (which is the center of the pool), and the spa is 6’2”The contract states measurement in the contract and on the plan are approximateBefore construction started, the customer wanted to add additional deck and footers for a future screen enclosure; therefore, a change order was signed by customer agreeing to pay the additional amount with payment #When elevations were being determined, the option of a step-down was discussed with the customer’s father, who was overseeing the job for herHe said she would not want a step downIt was determined the deck would need a stem wall after the environmental department received a complaint from a neighbor regarding drainage concernsWe offered to charge only for materials and absorb all labor costs relating to the stem wall and another change order was signed by customer agreeing to pay with payment #The customer agreement also states fill dirt and stem walls are not included in contract unless states, which in this case, it was notEven though the customer did not pay for the change orders with payment #3, we continued with construction and finished her poolThis is not our policy but we did it in good faithIt was discovered that the pool had a leak and equipment needed to be shut off to locate itThe pool was off for days at mostThe leak has been permanently fixedThe only equipment not installed on the pool is the automatic pool vacuumThe claim of water spraying from the plumbing at the equipment was caused by the customer allowing the water level to get too low (which happens with evaporation) causing the pump to get hot and melt the plumbingThe customer was told we would be there to fix this if she would pay for the change orders that were due with payment #She did not return the phone call and filed this complaint the next dayWe have since fixed the problem hoping to get payment as she owes almost $7,

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
 Complaint: [redacted]
I am rejecting this response because:Responses follow:The contract and pool plan was signed off on by customer stating 12’ maximum width and 26’ maximum length with a 6’ spa. This is the same plan submitted for permitting and used to build the pool. This freeform pool measured from the waterline tile is 25’11” in length, 12’3” at widest width (which is the center of the pool), and the spa is 6’2”. The contract states measurement in the contract and on the plan are approximate.Response - the contract does state that the dimensions may end up varying due to set back requirements, locations of existing improvements, soil conditions and other conditions beyond the control of the contractor. It also provides maximum dimensions and then refers to plan drawing. Clearly the maximum dimensions are not the only guiding factors because that would allow the pool to be significantly smaller and still comply with contract. Common sense dictates that the drawing, which is provided by contractor and approved in writing by customer, must be the final guiding document. The drawing we have shows the middle area of the pool at approximately 12.5' and the actual dimension is closer to 10.5' and the length is not 25'11", it is more like 25'6". The contract clearly outlines a formula for reimbursing for just this situation, using actual measurements compared to contract drawing measurements, an estimate of that would be about $800 due back to us. I have asked repeatedly to have a professional discussion and contractor has refused.Before construction started, the customer wanted to add additional deck and footers for a future screen enclosure; therefore, a change order was signed by customer agreeing to pay the additional amount with payment #3. When elevations were being determined, the option of a step-down was discussed with the customer’s father, who was overseeing the job for her. He said she would not want a step down.Response: We never advised the pool company that my father was overseeing construction and my father never had any conversation about a step down. This is a blatant lie and I wonder, without written direction from customer, why contractor would even suggest that they would take direction from others. I spoke with my father and he is very offended to be quoted saying something he did not say and to be dragged into something that does not concern him.It was determined the deck would need a stem wall after the environmental department received a complaint from a neighbor regarding drainage concerns. We offered to charge only for materials and absorb all labor costs relating to the stem wall and another change order was signed by customer agreeing to pay with payment #3. The customer agreement also states fill dirt and stem walls are not included in contract unless states, which in this case, it was not.Response: this relates to the step or the general elevation of the pool. It is correct that the city stepped in and asked for more support for the pool. The point is that the cost for this would have been much lower if contractor had visited site prior to digging pool and realized the builder had raised the grade from the original empty lot level and advised us that we could have a step off the patio and have the pool closer to grade. I did sign the addendum with a note that I objected to it, because contractor stated they would not finish the pool if I did not sign. I had no option because we were out of time on our mortgage. I asked to talk about it and again the contractor refused.Even though the customer did not pay for the change orders with payment #3, we continued with construction and finished her pool. This is not our policy but we did it in good faith.It was discovered that the pool had a leak and equipment needed to be shut off to locate it. The pool was off for 3 days at most. The leak has been permanently fixed.Response: the first drain leak was identified around 7/1 and permanently fixed sometime around July 28. During the first part, we had to add 6-8" of water to the pool every single day, then after first attempt at temporary fix, more like 1" of water a day. That leak was resolved with the temporary fix around July 20, I think. Contractor should have exact dates. We also had to pay someone $75 to help us with the chemicals over the holiday weekend because we could not get in touch with contractor and the pool was green with tadpoles in it. We estimate the cost of water to be approximately $500, plus the $75 fee = $575. We are still waiting on a response to our request for an extended warranty since we know the original installation was faulty. The only equipment not installed on the pool is the automatic pool vacuum.Response - we agree, the vendor has not installed all of the equipment.The claim of water spraying from the plumbing at the equipment was caused by the customer allowing the water level to get too low (which happens with evaporation) causing the pump to get hot and melt the plumbing. The customer was told we would be there to fix this if she would pay for the change orders that were due with payment #3. She did not return the phone call and filed this complaint the next day. We have since fixed the problem hoping to get payment as she owes almost $7,000.Response: - no way. I spoke with the pool company the day I called about the leak and they told me they absolutely would not fix the leak until we paid in full and then backed down to asking if we could pay some and then hung up on me. My message has been clear that I want everything finished before I pay, that we have a few small items to reconcile and that because a brand new pool leaked, I just want some kind of guarantee against future leaks. New pools should never ever leak and this leaves me feeling very uncomfortable with the one year warranty the contractor provides. The contractor will not even respond to this request.On the pump issue and the leak, this is completely inaccurate and does not even make sense, given the timeline. The only time the pool was ever low for more than an a few hours was the day the pool company came out to fix the leak in the plumbing that we had called about the week before. During the time with the early severe leak, the pool was down very low every morning, but we diligently filled it again every day. Because of the leak in the plumbing that showed up on Aug 2, the pool water went down a couple of inches overnight every night and we filled it every day, We did not fill it on Aug 8 because we knew the pool company would be out that day. The problem with the plumbing occurred sometime between Thurs July 28 and Monday Aug 1. We were out of town for 3 days and when we returned on July 28, the pool level was fine, (middle of tile) and I emptied the little leaf basket and cleaned the filter. The little leaf basket came out just fine, and everything was working fine. It was sometime around Aug 2 when my husband went outside and saw the pipes squirting like a huge sprinkler. We called the pool company and then looked over all of the equipment. I checked the little leaf basket and found a bunch of chunks of white plaster in it, sucked up against the side where the water goes into the pipes, inhibiting water flow. The plastic side of the basket had actually been sucked into the pipe enough that the basket was deformed and would not come out. So, it is my opinion that those chunks of plaster clogged the basket and caused the problem. The contractor acknowledged that when they did the permanent fix on the leak, they left the pieces of plaster in the bottom of the pool for us to clean up with the pool vacuum. The low pool level the contractor references happened well after the plumbing leak occurred and when the leak occurred the level was consistently at the middle of tile, where they told us to keep it. We are still not certain the pool drain leak is fixed, it is hard to say. We are losing about 1” of water per day, but that may very well be from evaporation, although it seems a bit excessive.Quote from a website - North Carolina with its hot, humid summers has relatively low evaporation rates for pools unless we get a very hot day and a very cool night back to back which can increase evaporation rates. So how much should you be losing? On the extreme end, a pool can lose as much as a quarter-inch of water per day! We would be much happier with a warranty to protect us from leaks for more than another 11 months.We have repeatedly told the contractor that we have every intention of paying, once we have a professional discussion and once the pool is complete and is not leaking. Based on the above, it is our opinion that the balance due to Superior Pools should be adjusted by the following:Water - $500Service fee - $75Pool dimensions - $800 (or contractor may provide calculation)Total - $1375We would also like a warranty for leaks for a 10 year period. I have researched and pools that are well constructed should not leak, so there should be no concern with providing the warranty. An after-market warranty can be provided for less than $100 per year. Although I think it is incredibly unfair to us, we are willing to let the issue of the stemwall and the cost of the concrete go if the contractor is willing to work with us on these other costs. We have the option of filing arbitration, but that will cost both sides more money and should not be necessary. This situation can be easily resolved with some reasonable discussion with the contractor. They have already agreed to pay for the water cost, we are willing to pay for the extra concrete without any dispute resolution if they will accept the request on the pool size, which is based on the actual dimensions of the pool, as compared to the drawing they provided, and calculate based on the formula included in their contract for exactly this situation. I can provide a check as soon as we reach agreement.Regards,[redacted] 
Regards,
[redacted]

I have never refused to discuss any matter with the customer and have made many return calls, sometimes leaving voicemails and not getting a return call.   The pool measurements vary a few inches in some areas because it is difficult to get exact measurements when shooting the concrete. The actual measurements of the pool when measured correctly from waterline tile is: Length - 25’11”; Shallow end - 11’11”; Center – 12’3”; Deep end – 12’; Spa 6’2” The plan shows: Length - 26’; Shallow end - 11’6”; Center – 12’; Deep end – 11’; Spa 6’ The only area the pool is short is the length, by only 1 inch, all other areas are over. There is no reduction of water surface area so I am not willing to adjust the contract price.   The city did not step in to ask for more support for the pool. The plan to have a footer with a sloped elevation would have been appropriate if a neighbor had not called Public Works with her drainage concern. Public Works determined a stem wall with no yard elevation was necessary to correctly convey rainwater to the public right-of-way. I only charged for concrete and absorbed all labor costs and feel this was an adequate compromise.   If the customer will forward the invoices from the pool service company and water company, I would be willing to pay for the fee the customer paid for the pool service and for the water used to refill the pool during the time of the leak. This amount will be deducted from the final bill.   A leak detection company is scheduled to look at the pool this week to determine if there are any leaks. I am willing to warrant the pool for 5 years against leaks caused by installation defects. The concrete structure of the pool has a lifetime warranty for leakage due to cracking.