Frustration and Anxiety are getting to me

[webfeet]

PB says he is done with job. He is coming back tomorrow or next week with his total bill. We had extra concrete work and he said that he has not calculated sq ft yet. He did remove some of the rough areas behind the liner today. However, after he left, I counted 17 (each one is about the size of a large shelled whole cashew nut) rough spots or rocks about 36 to 38 inches from the top edge of the pool.. They are spread out over about a 5" x 30" area near the bottom of the polymer wall on the deep end.They will not flatten out when I push on them with my thumb.
PB says there is nothing that can be done to remove the stains on the deck- that we'll just have to wait for the stains to fade. Sure, okay, and I'm thinking - you can wait to be paid, too, until the stains fade! We have a concrete specialist coming out tomorrow for a second opinion on stains, hairline cracks, and today I noticed the deck had separated from the steps and spa- just a hairline break of the seal. The deck is less than one week old! PB plans to come back with final bill tomorrow evening, but we may put him off. However, we are waiting to confront him with our complaints until after he presents us his final bill. We don't want him to try to up it- when he gets mad.
Oh yeah, did I mention that our contract specified a side mount 500 lb hayward filter? But we got a top mount. PB claims that Hayward quit making the side mount. We called the distributor that was on the address label, and he said the filter is still available, and that he had 3 in stock! Can't wait to see the look on the PB's face when we tell him that! Distributor informed me that the filter I got cost the PB about 180 bucks less, than the one we had specified in the contract. I could go on and on and on.

[webfeet]

Well, we met with PB today. He came to get his final draw, or so he thought. We voiced our concern ( dissatisfaction) with the red streaks, uneven liner, wrong filter, and rough poolcrete on walls. PB went home empty handed.
First, however, he tried to insist that there was no fix for the red streaks, and that they would fade in time. So, I said, "Well, if they fade in time, you will get paid in time." (I know I should not have said that, but I have been unable to discuss anything with him during the construction. He always blew me off.) Wow, that got his attention! But he tried to put the blame on the concrete company. I said, "I contracted you to do this job, and you may need to go back on the concrete company, but as far as I'm concerned, the buck stops with you."
Then, all of a sudden, he came up with a fix! He wants to spray a gray colored epoxy finish on the deck. We told him to get us some pictures of what our deck will look like aftewards and tell us exactly what he will be using. We will need some input from you experts on the forum about any of 'his' fixes and products. He is not to do anything to our deck until we approve it first.
Finally, we also told him that he needs to think about what consideration (financial) he can give us for the uneven liner and the wrong filter. We did not suggest or demand any specific amount. Ultimately, we told hime to go home and consider his options. Needless to say, he wasn't a happy camper when he left. But, I feel better!
I will not feel so good, if I end up in court. In my experience no one comes out on top. If we go to court, it wil be an emotional and financial toil on everyone. I'll keep you posted. Webfeet

[webfeet]

PB is threatening to tear pool out and file a lien on our house. He has never paid the $1700.00 he owes the concrete co. We contacted an attorney and he assures us that our complaints are justified. We haven't been able to do our acid stain test yet. We are getting bids from different companies to fix the deck. I can't seem to post any pictures, but if I can, I will post some of unlevel liner and stains on deck. I had some of the stains on another thread, but I have some that are better.

[waste]

Web, congrats on becoming a "senior member" with your last post !
We've 'discussed' your pool in many threads, and I've given you my honest oppinion of what's happened. You know that I know the 'ins and outs' of pool construction, if a notarised letter from me would help your case, let me know (my brother is a lawyer and can help me with the wording, and my boss' wife is a notary public) - however, since I hav'nt personally inspected the pool, I don't know if it would be admissable or helpful.
Please know that I am TRUELY sorry that it's gotten to the point that the legal system is involved. (BTW, PB can not come onto your property and remove anything - I've suggested to 2 of my bosses to just go and take the multiport [on folks that won't pay] and have been told by both that 'it's not legal')
Know that I will continue to help you in any way I can (have you shown your attorny the threads from here?)

Best of luck!!!!!!! - Ted

[No Need]

Post a couple of pics of the concrete and pool. I'd like to see the color.

[webfeet]

here is a link to some pictures. (I hope) Thanks to everyone for their support. At this time, I have not mentioned the poolforum to the attorney. What I need now are quotes for applying something like sundek or another suitable coating, but I am having problems finding contractors in our area.

http://s145.photobucket.com/albums/r237/kjt89/

[CarlD]

I couldn't see where the concrete is separating. If I were you that would be my BIG point. The liner having a few wrinkles, well, that's hard to avoid. The wrong liner? That's either his cost replacement or a big discount.

The stains on the concrete may well fade--they almost look like red clay. It's possible a chlorine wash may clear them, but I don't recommend it at this point.

Concrete separation says to me that a) the ground wasn't prep'ed correctly and will get worse b) the re-bar or wire wasn't done correctly c) the concrete was too wet or too dry and not properly floated in to get out all the air or d) the concrete had the wrong formula. Or all of the above. The concrete specialist was a great idea.

As for tearing out your pool and putting a lien on your house, that's a threat. He CAN put a lien on it but if you've documented everything, and, more importantly, have started the legal process, it won't stand.

Also, if you have decided that he is NOT competent to continue, then you can forbid him to step on your property . Then if he tries to tear out the pool it may be trespassing or even criminal trespassing.

I HATE a contractor who screws up and tries to slime his way out of responsibility. I've had it with a kitchen designer/installer--I held back the last payment, but I had it SO well documented that I was within my contractual rights that I never heard from him. I also had it with a roofer whose brand new install leaked. After a while they wouldn't take my calls.

I'm sorry you are going through this...when a dream becomes a nightmare.

[topnotch]

As a GC for many years Ive been in this stomach turning situation too many times...someone turns out a so-so job and asks for all his money. Usually I am in the middle between him and you and frankly at the end you have to look at what you got and whether it is servicable and what the imperfections are worth to you....29 years I have been negotiating these things and (touch wood) never had to be in court or pay ten cents to a lawyer...no contractor or customer is perfect and no pools are perfect.....you just want to maintain a good relationship with all parties if its possible. If he's talking about coming back to spray epoxy over the deck he sounds like a guy who takes responsibility. He needs to be given every opportunity to remedy his work. You are really not allowed to break the contract and hire someone else to fix it unless he has been negligent and refuses to discuss remedies.

I hope you and he are people of good faith and the couple of things at the end can be worked out. I can really be an SOB on the job when I need to be but building my own pool has been a humbling experience and I am living with some imperfections and still really enjoying my pool. I have to be honest....as a contractor there are so many, so many ways to cheat a customer with poor workmanship that the color of the sand sounds minor if he did an excellent job on everything else. BTW I wonder if down the road you would use cool paint on the concrete anyway? Also it makes me wonder if the references he gave you had any problems or do they still have a cordial relationship with him and continue to refer him? The serviceable life of the pool and the cost of ownership over time are significant issues here.

Best of Luck