If you are in Florida, the building codes require a barrier around the pool to be present BEFORE adding water. So, if you don't have a fence that meets all the barrier requirements, they would be liable if a kid fell in a drowned.

BTW - they didn't have you pay progress payments on the screen enclosure too - did they? I got my PB to agree to have me pay for the screen only once it was complete - and it is like $13K - so they have some incentive to complete.