Complaints

• Initial Complaint

  04/24/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I hired Noga Pool and Spa Inc to install a pool, spa, and hardscape in my backyard. For the past couple of years, I have repeatedly asked them to repair various issues to no avail. Recently a construction defect surfaced having to do with defective workmanship and construction inside the pool. They have refused to contact me to correct the issue. Dates I tried to resolve issues noted. I have text and email evidence of the following. Please note this is not an exhaustive list. September 18, 2020 - Cement cracking issues pool rails September 25, 2020 - Pool tile, trash and concrete left in my yard October 17, 2020 - Pavers, tile issues, table column defects, November 23, 2020 - Paver issues - no banding, pool tile November 24, 2020 - Paver Issues January 1, 2021 - Tile issues January 7, 2021 - Tile and Paver issues, sent notice of issues January 28, 2021 - I notified them that they had not responded to issues outlined March 7, 2021 - Pavers, hand rail March 27, 2021 - Paver and drainage issues, I offered to get bids form other companies since they were not interested in finishing job April 2, 2021 Workers came without supervisor - no work done. January 18, 2022 - Cracked Table / Plaster off of pillar...I sent pictures ... they said it was not warrantied ... and I asked if they wanted to arrange a time to come and look and received no response.

  Business response

  05/10/2022

  Business Response /* (1000, 5, 2022/05/10) */ On June 15, 2020, we entered into a contract with Ms. ****** ******** to construct a pool at her home, located at ******************************************. Since then, we have successfully completed the construction of Ms. ********'s pool in compliance with all obligations, plans, and specifications under the contract. However, Ms. ******** has decided to demand additional and different work from ****, work that was neither agreed upon nor contracted for and/or were expressly disclaimed from our contract. Further, any claimed repairs are due to Ms. ********'s own faulty maintenance of the pool, which is expressly disclaimed from warranty under our contract. Finally, Ms. ******** is demanding more than the original contract price. She is basically asking **** to give her the pool for free. First, ****** is asking for a reimbursement to replace and level the pavers. We installed the pavers in compliance with our contract specifications, which includes a necessary slope for excess water drainage. Also, after we installed the pavers, ****** confirmed that she does not want us to install drains. Now, she is asking for a refund from **** to install drains with another contractor. For these items, ****** is demanding $*********, for unnecessary work and upgrades outside of the scope of our contract. ****** also demands $******** for duplicate drains installation. However, our contract expressly excludes any installation of drains in multiple different. On page two, our contract specifically says "...not including connection to existing or future drains" and "Owner shall provide drainage beyond and away from the pool site so asked to meet City and/or County requirements". Further, our Contract specifically excludes any work not explicitly agreed to on page two which says "NOT included in this contract... Any work, service or material unless specified in this contract." Here, we did not contract for any drain installation. ****** also demands money to replace her table top, which we formed with a highly durable 4000 PSI precast cement, which is very unlikely to crack without being tampered with. She is ALSO asking for the table top to be replaced with granite, which is an expensive upgrade we did not contract for. ****** also demands money for the replacement of the waterline tile, which is not damaged. We can only assume this is for a cosmetic upgrade, because it was installed properly without issue. ****** is also asking for a plaster upgrade, to Arctic White, which is another expensive upgrade we did not agree on. She is only asking for this upgrade because she did not properly fill the pool and left the plaster exposed, which caused peeling only on above the waterline. If the plaster was installed wrongly, it would all be peeling. Our contract specifically says that "Once the pool is full, it is the owner's responsibility to immediately provide professional start up and maintenance and prevent the pool from getting stained, dirty, etc. The contractor is not responsible for any damage caused to the plaster due to improper maintenance." It is not our fault she did not properly maintain her pool, and this contract term was included to specifically prevent her from pushing these repairs on **** after we made proper installation. We also agreed that "Plaster is strictly underwater material and should always be submerged in water. In the event where the pool is drained even partially, without consulting the contractor, the warranty shall be VOID and the Contract is relieved of all liability" in the contract on page three. ****** is also demanding $********* for supervision and overhead costs, which is way too high for a project of this size. Her demand is very high for this project, she is asking for $*********, which is more than our original contract price, and even 3-4 times the cost of her own comparison bids for the same work (which range from $****** to *********). Consumer Response /* (3000, 8, 2022/05/15) */ (The consumer indicated he/she DID NOT accept the response from the business.) I do not accept the response of the business, ****, because they did not address the issues. They only attacked the bids I received to fix what I believe is ****'s faulty and substandard work. For example, in regard to the plaster pillar, they state that the pillar should be covered by water at all times. However, the pillar is above the tile water line surrounding the sides of the pool so in this case, since the pillar ends above the bottom of this line, then pillar should have also been covered in a tile waterline as well since the whole point of a tile line is to protect plaster from fluctuations in water due to evaporation. Although, I do not believe this is the cause of the cracking table. I believe the structure of the pillar is structurally unsound. This is evidenced in pictures I have where they did not use one solid tube in the pouring of the column. Instead they cobbled together the pillar when they realized they had poured the concrete too short and the table would have been under water. The pavers are not level and were not banded. Pavers must be banded by concrete so they don't move. The pavers are shifting, cracking and lifting. The company was notified of this almost two years ago. The tile installed in the pool is crooked and chipped. In order to repair the tile in the pool it is necessary to drain the pool, fix the tile, and replaster the pool. As **** argued in their response, when plaster is exposed to air it will peel. So in order to fix the tile, the pool will need to be replastered as according to **** once the pool is drained the plaster may begin to peel and discolor. Business Response /* (4000, 17, 2022/06/08) */ Since the customer had sent a letter written by an attorney, we had our counsel reach out. That office was not retained but was apparently hired to write a formal letter. Our attorney reached out to the customer directly since they were not represented by counsel and customer stated she only wanted a few issues addressed, unlike the highly inflated bids she had provided reflected. We are in the process of scheduling a visit to inspect and reasonably take care of those issues.

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