Trademark Pool and Spa

Review: We contracted with Trademark Pool and Spa to put in a pool and patio in the yard and patio area next to the house. We live in a Del Webb Community and have our concrete up to the threshold at all doors in and out of our home for ADA compliance, so that a wheelchair bound person can easily enter and exit our home from any door. This feature was one of the main reasons we purchased our home: ADA is Health/Safety issue. Trademark pools:1. Removed our concrete patio (and the existing expansion joints) adjoining the master bedroom and dining room and set forms for a larger patio connecting to the pool area2. They also marked long bright red lines along the foundation where the patio was to be poured. The red lines were drawn on the foundation by Trademark employees: a. where the previous patio had been removed, b. where new patio was to be poured. c. clearly indicating that this was the level to be poured next to the house in all areas.PATIO CONCRETE LEVEL: EXPECTATIONS: We expected that the patio level would be up to the doorways and be at or cover the long red lines indicating the proper level of the patio. We had no doubts about the intended pour level because the lines were drawn by the contractor. FINISHED WORK: However the patio level was poured 2 and 1/2 inches below the threshold of the sliding glass door and 3 inches below the bedroom door.EXPANSION JOINT INSTALLATION EXPECTATIONS: We also expected expansion joints in all of the places where expansion joints had been in the removed patio. FINISHED WORK: No expansion joints were put between the house and the concrete, and cracks began to appear two days after the concrete was poured. CONCRETE COLOREXPECTATIONS: Same ColorFINISHED WORK: Original patio color was lighter (light grey pink). Patio area in complaint is darker (more red, more yellow).Now a wheelchair bound person can roll into our house from the front, garage, and garage side door, but they cannot get into or out of the back yardDesired Settlement: We want the concrete patio poured on April 17 removed and poured to the original ADA compliant level, with expansion joints installed (and reinforcing mesh, of course), color and pattern matching, in a timely manner.

Business

Response:

Business states that they are currently looking into this matter and would like a little more time to gather and review the necessary information to respond and address this customer's concerns.

Business

Response:

Timeline of Project:

Meeting Dates:

July 9, 2013 @ 6:45 at their [redacted]

July 23, 2013 @ 6:45 @ TradeMark Office

October 8, 2013 @ 7:00pm @ TradeMark Office

Response to Complant by Homeowner [redacted]

To Whom it May Concern,

On Monday June 23, 2014 at 5:17pm, [redacted]- Owner of TradeMark Pool and Spa responded via e-mail regarding concerns of concrete elevation. Response letter enclosed.

First, we would like to Thank you for the opportunity to present this information pertaining to elevation at back patio/concrete. After 3 meetings as stated above, regarding swimming pool construction for [redacted] and [redacted] for [redacted]; a contract signing took place the evening of October 8, 2013. At the contract signing the responsibilities of both TradeMArk Pool and Spa and buyer were reviewed and agreed upon. Items such as pool dimensions, location, concrete etc. were discussed in detail. Please see copy of enclosed contract initiated and signed by buyer, [redacted] and Co-Buyer [redacted]. Submitted by owner [redacted] of TradeMark Pool and Spa. Line #20 states: Decking installed within pool site to be stamped and a total square footage of 2029 sqft. Also on the right hand side of the contract it is initaled and agreed by both [redacted] and [redacted] that if using color in decking application there may be a variation in color. On December 5/6 2013 the concrete forms were set in order to call fro a pre-deck inspection with the City of Manteca. The inspection was passed by a building official on 12/9/2013. THe first of two pours for concrete application took place on 1/6/2014. At this time the homeowner was working with another sub-contractor who removed columns and reinstalled a structural beam at the area of dispute. At this area of dispute TradeMark Pool and Spa was forced to wait on the second pour date but was not a problem because construction of swimming pool was then completed. At this time we were on standby waiting on Sub to complete his work. We were then notified by the Homeowner that the beam had been installed and that we may continue with the second pour at the disputed area. On 4/17/2014 (101 days later) we poured and finished the remaining contract agreement area that is mentioned in dispute. From the time of July 9,2013 to the date of the second pour April 17/2014, (9 months) the elevation at the rear/patio bedroom doors were never brought up as a concern. Keep in mind that the forms were set and ready for pour for 101 days. TradeMark Pool and Spa had approximately 130 e-mails exchanged with the homeowner from 7/9/2013 to 4/17/2014 with no mention of elevation at the disputed area. As mentioned to the homeowner in the enclosed respose letter date June 23, 2014; as a licensed contractor, Trademark Pool and Spa is responsible to adhere to not only local codes but also current versions of the Uniform Building Code in the Residential Code we are not allowed to install concerete closer than 2" below the weep screed of a building, or leave any unfinished grade closer than 4" below the same. At the threshold, no less than 1: below the sill or the sleeper. Not only would we assume liability of the integrity of the home but upon inspection from our expense. TradeMark Pool and Spa is not required by the building department or any local codes to install expansion material at the disputed area. Manteca California is a non-expansive soil condition with a soil known as "sandy-loam". As for any debris we would be happy to pick up any left over spoils.

In conclusion, after carefully considering and going over all building codes and the contract between TradeMark Pool and Spa and [redacted] and [redacted], and the discussions with [redacted] Building Official/Inspector ([redacted]) at the City of Manteca Building Department, it is clear that we have delivered what was agreed on the contract. We take our customer service very seriously and would like to thank all parties for allowing us to respond to this complaint.

Sincerely,

[redacted]/Owner

TradeMark Pool and Spa 5492 Pirrone Road Ste. A Salida, CA. 95368

Office: [redacted] / Fax: [redacted]

Dear [redacted] and [redacted],

In response to your letter dated 6/18/2014, and regarding your request to remove and replace the patio at your residence, let me first thank you for the opportunity to address and or explain the condition you are concerned with. As a licensed contractor we are responsible to adhere to not only the local codes but also the current we are responsible to adhere to not only the local codes but also the current version of the Uniform Building Code. First, although ADA was never an initial concern, there is no way possible to meet ADA requirements on a single family dwelling from a building standpoint. Although there are a number of "bolt on" ADA products that can be purchased and installed to achieve the same goal for a residential application. Secondly, we as a builder are not allowed to install any concrete closer than 2 inches below the weep screed of the building or leave any unfinished grade closer than 4 inches below the same. At the threshold, no less than 1 inch below the sill or the sleeper. Not only would we assume liability for the structural integrity of the home, but upon inspection from the building official we would be required to remove and replace all the work done against the code at our expense. I would like to apologize if there has been any misunderstanding about this particular issue with your job. From all of our communications it is clear you are pleased with the quality of the product and our performance. After carefully going over the entire contract it is clear we have delivered what was agreed at the time it was signed. You may want to visit the City of Manteca Community Development Department or call the Building Department directly and verify what we are letting you know. We take our customer service very seriously. Without our customers, we have no business. Thank you again.

Sincerely,

Owner

TradeMark Pool and Spa