Major problems, advice needed...

Greetings,

My wife and I signed on with a pool/construction company here in the Dallas area to build a high end pool and cabana in our backyard. We have a lot of extras in our pool ie. weeping wall, waterfall, 18" spa w/remote, flagstone coping, diamond brite plaster, salt system etc. Our cabana plan is equally as plush, running water with bathroom and outside shower, cieling fan and electrical power outlets, gas plumbed fireplace, stacked rock walls etc.

We knew going in exactly what we wanted, and signed contracts on both last summer, the pool in July and cabana in August. We had problems procurring financing for the cabana, which led to some slight delays there.

Right off the bat, they had pool excavation and gunnite completed. The rockwork and spa have been done for some time also. In fact, short of cleanup, final inspection and plaster the pool is complete. We decided not to complete the pool until the cabana was done, as we didn't want debris damaging the pool. The cabana is very elaborate, and is also probably 90% complete. Basically they need to stain the floor and install fixtures in the bathroom.

The problem we are having now is getting them to complete the job. We know the company is having cash flow problems, having heard as much from individual workers. For the last month the have been promising to get the required work done, yet have been moving at a painfully slow pace. They are now 90 days past completion date for the cabana and by the pace of their recent work we have no hope that the work will be done before the holidays.

We feel the problems may have been from either them underbidding the cabana (to get our business) or using our initital funds to work other projects they were behind on. Either way, their actions lead us to believe they are out of money to do our work. It is a shame, because what they have built so far is beautiful. I honestly feel they mean well, but are struggling and cannot pay people to finish the job. We have given them chance after chance but it is like leading a horse to water. One day one guy may show up, then no one for days. My main concern is the pool, as is needs plastering and a function check of the equipment. The cabana floor needs staining, and there is some landscaping work yet to be done.

My question is, what can we do to A) ensure the work gets done and B) that it gets done fairly quickly. I've heard the Better Business Buruea can help sometimes, but I am not sure if they are even a member. They have no complaints listed, but they are a new company. They are also an LLC, which limits our ability to pursue legal action if they go out of business. Small claims court is limited in damages, and the work left probably exceeds $5,000. They are far enough along so we have paid them in full for the cabana (our biggest mistake in the whole matter) and still owe 5% (about $2,500) for the pool. This last installment will not cover the plaster if we contract it out to someone else.

I have seen there are a lot of intelligent and experienced folks on this discussion board. Maybe some of you have had similiar problems. We are asking for ANY advice as we weigh our options. Today we are starting to get estimates from other companies to finish the work, so we can have data if we need to take legal action.

Thanks in advance for your help.

Mike
Arlington, TX

Hi Mike,

I really feel for your pain in this type of situation. I had a senario where my initial pool builder went out of business just before pre-gunite inspection on our pool. The one thing you want to do today is to find out who the license authority is in your state. I'm assuming that in Texas contractors must be licensed. If so you need to file a complaint quickly. I know here in AZ you can file a public complaint that must be followed up by an inspector. Failure to complete a job is one reason you can go after them.

Other than that I would be a pain in their side. Find out if they ever took out any bonds or insurance for the project, if so you might be able to get money from that. If none exist then there is really nothing more you can do but contact a lawyer and file a civil judgement.

But I would start doing it the sooner the better.

Eric

Hi Mike,

What is it about TX pool contractors?????:rolleyes:

My question is, what can we do to A) ensure the work gets done and B) that it gets done fairly quickly. It doesn't sound as if your work will get done with your current contractor on any timetable. They apparently don't have money to work with and the money they can expect for completion is not nearly what they'd need to pay for labor and supplies (bathroom fixtures will run them a pretty penny:eek: ). So it makes no monetary sense for them to finish your project any more.

Unfortunately, I think the only reasonable answer is to do what you're doing...get estimates from other companies to finish and seek out legal advice. Even if legal action is not what you opt to do, at least you can have a qualified attorney look over your contract to be sure your actions going forward are appropriate and legal.

If there is any bright side to this, it is that a major, major part of your project has been completed (and done well according to you) and that you have some money left to put towards its completion, albeit not enough. You should also be able to find a fair number of contractors ready, willing, and able to finish you up at this time of year. You may also find some good deals on pool finishes this month!

Good luck.