Complaints

• Initial Complaint

  03/29/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  Signed a contract with ************** Irvin, Preferred Pools, **** in *******, *****, to build my pool in 2021, construction began in March 2022. Pool was still not completed in July 2022. July 3, 2022 it became clear that he was going over the contract budget, didnt manage the job or design properly and no change orders were issued and lied about being insured! We had a couple of conversations about the job being over budget, and the final conversation resulted in Me. Irvin demanding an additional $27,000+ to complete the job. When I refused, he walked off the job taking over $12,000 that was paid for pool equipment and electric supplies with him leaving me with a concrete mess and no pool equipment and the electrical work 1/2 done. We had a contract that he refuses to uphold!He is certified but NOT LICENSED or INSURED!

  Customer response

  03/30/2023

  The contracted amount was for $83,500 of which I have paid $76,588 in total. Of which $12,000 was paid for plumbing, equipment and electrical equipment and work that was never delivered or the work was incomplete.

  Estimates are over $70k to fix, correct issues, complete the work and warranty the pool since it was started by Mr. ********************** and another builder has no idea how the work was done. So it will cost double what I have paid to finish the project. 
  

  I am asking for $70k to complete the project!

  Business response

  04/05/2023

  Preferred Pool contracted to serve as a "consultant only" to the subject project and assist in referring competent contractors and material suppliers as needed, to the client, wherein she paid the contractors for the labor and materials provided. She had already secured landscaping, fence and pagoda contractor's, per amounts unknown or shared. She contracted to fund Preferred Pool a 10% commission on amounts paid for labor and materials for swimming pool contractors, of which only a fraction was actually ever funded. Upon insisting that she would not pay the upcoming scheduled contractors, mere hours before the materials for concrete-decks was scheduled for delivery, she in effect put a hold on decking and plaster that had been scheduled nearly a month in advance. Re-scheduling hinged and remains on hold till the scheduled contractors are confident she had the funds to finish the project. As the word spread about her new radical direction, the final steps including concrete and plaster-waterproofing contractor's became wary if they would be paid at all. To-date no provision has been presented to assure contractors they will be paid!

  We have no data what the numbers she reports depict, which could eastly include her budget for landscaping, fencing and pagoda, depending on her material choices. Cost of completion for the swimming pool as planned, even with hefty price increases would not cost what she is reporting. It appears that whomever is quoting her the outrageous numbers she is reporting for completion of the project, is the actual party that is trying to take advantage of her.      

  Although the original decking and plaster contractors are unlikely to consider re-scheduling the subject jobs at this point, due to the event of last year, I "remain" willing to assist with locating alternative contractors for her and inspect their workmanship, at a fraction of what she reports quoted.

  Customer response

  04/05/2023

  I am rejecting this response because:   We had a contract that clearly states that I the client was not allowed to hire or consult with anyone that Mr. ********************** hired to do the work. That is NOT a mere consultant. I paid every invoice that was submitted by Mr. ********************** within 2 days as well as paid for equipment that was never delivered and electrical supplies and work that was never delivered or work completed. Mr. ********************** mismanaged the project leaving just $11,487 left in the contracted amount to complete the job. When I asked Mr. ********************** if he was going to go over the contract amount he estimated that it would cost an additional $27,000 + the $11,487. So he was $27,000 over budget. I had NOT requested any changes to the design so no change orders were submitted to suggest such a gross oversight on my part that would have added $27,000 to the contract. Mr. ********************** mismanaged the project and refuses to take responsibility.

   I have ALL correspondence (along with his responses and lack of) telling Mr. ********************** that I would pay him the remainder of the contract amount once the pool was completed but he would be responsible for any additional amount over that. He refused to take responsibility for his GROSS MISMANAGEMENT and complete the work for the contract amount, blaming everyone and everything except himself!

  As a result, Mr. ********************** continues to slander me to pool contractors without proof whatsoever which has made it difficult to get the pool completed for a reasonable price. Not to mention that another pool builder would be taking over the responsibility of not knowing what type of work was actually done and if it was done correctly which adds to the cost.

   I included the first 5 pages of the contract which was all I could attach. I have and can provide all documentation to back up my claim and statements to include all emails, text messages and all invoices that were submitted and paid as well as a copy of the check that was cashed for equipment written to Mr. ********************** but was never delivered.

  Mr. ********************** has yet to provide proof of any of his statements! 

  Customer response

  04/05/2023

  Here is the remaining pages of the contract.

   I can also provide the estimates that I have received, however I prefer not to reveal the companies that gave them in fear that Mr. ********************** will try to block the completion of my pool as he has stated that he has spoken with other contractors and they fear that I will not pay them, of which he has NO PROOF! Mr. ********************** has yet to provide any proof of any of his statements but continues to hold the completion of my pool hostage!

   I saved my entire life to build this pool! Mr. ********************** clearly thinks that he will get away with this! 

  Business response

  04/13/2023

  I am not sure what more to offer!  ***************, simply cannot announce to contractors that she will no longer pay them and expect positive results.  Preferred Pool ************ agreement with ***************, provided for *************** to pay a consulting-fee "only" to Preferred Pool Consulting at 10% on-the "estimated" costs paid to wholesale specialty-contractors for the swimming-pool (only) project, ESTIMATED being $83,500 paid to specialty-contractors and wholesale suppliers.   Similar wholesale consulting agreements are common with hotel, apartment, and custom-homebuilder swimming pool projects!   Preferred Pool Consulting has no agreement to collect more than $8,350.00 from ***************, per which she has to-date, paid only a fraction thereof.  Although *************** and I discussed the growing supply-chain obstacles and/or cost increases on numerous occasions, she has apparently chosen to ignore every newsworthy fact.  As with every industry in ****** during the 2022 calendar year, wholesale supply-chain shortages coupled with logistic logjams, unprecedented high-demand for home improvements along with personnel-shortages contributed to relentless wholesale cost overruns, that even astute experts failed to anticipate. The 2021 ************* freeze event made it even tougher for the swimming pool industry!  We went to great lengths to mitigate the uncontrollable shortages, while keeping the project underway.   As her pics depict; although a machine was on-site to set a diving-rock during the lengthy stonework step, the dive-rock she was to shop for, choose, pay-for and have delivered so the stone-setters could set it, remained at large. On July 4th, 2022, the remaining contractor schedules were within a week to 10-days of completion and filling of the subject swimming pool, when *************** announced to contractors that she would no longer be paying them, plus they would have to collect from what amounted to Preferred Pool ************ consulting-fee of $8,300.00, if they expected payment. Her earthshattering announcement was made just 48-hours before ready-mix-trucks and concrete-decking crews were scheduled at the subject site and a mere 72-hours before the plaster-waterproofing crews were scheduled!  Consensus between the remaining specialty-contractors involved speculated that she may not have available funds at the time, to complete the project.     I stand ready to complete my "CONSULTING" commitments, as long as the wholesale-specialty-contractors are assured, they will be paid by *************** in a timely manner!

  Customer response

  04/14/2023

  I am rejecting this response because:   We had a contract that Mr. ********************** failed to uphold! Per the contract, I was not allowed to hire my own contractors nor speak to any contractors that were hired by Mr. **********************! Mr. ********************** was provided a statement of account showing sufficient funds to cover the $83,500. To date, Mr. ********************** has submitted invoices and requested payments in the amount of $71,653 and $11,687 remains in the account. $6500 was paid directly to Mr. ********************** for equipment and components that was NEVER DELIVERED TO THE *** SITE! And was never deposited into a construction account which is required by law and could ultimately be considered FRAUD!
  

  Per the contract, I, the customer/homeowner, was not allowed to speak to any of the contractors hired by Mr. **********************! Aside from the concrete contractor, which I directed to Mr. ********************** per the contract, I upheld my portion of the contract and did NOT speak to any contractor provided by Mr. **********************! 
  

  Look, the bottom line is. Mr. ********************** of Preferred Pools, entered into a contract that he clearly doesnt understand! The contract was a Cost Plus NOT TO EXCEED $83,500. No change orders were submitted NOR discussed, so the NOT TO EXCEED PRICE OF $83,500 remains in place! 
  Mr. ********************** FAILED TO MANAGE THE PROJECT per the design and FAILED to give each contractor a set of construction plans with the building specifications resulting in the project being over budget by an estimated $27,000 per Mr. ********************** if he had completed the pool!  I offered to pay Mr. ********************** the remainder of the contract price of $11,687 upon completion of the pool. Mr. ********************** refused and walked off the job at the end of June 2022. 
  Mr. ********************** continues to slander me to other contractors making it difficult to find anyone that will even give me a quote, let alone finish the pool even though I can provide proof of payment! As a result of Mr. **********************s mismanagement of the project, negligence and slander, the quotes range from $72k - $90 to bring the pool back to the original specifications provided by Mr. ********************** and complete the pool. 
  

  Since Mr. ********************** refused to complete the project for the remaining balance of $11,687, I request that he settles for $70,000. At this point, I no longer have any confidence that Mr. ********************** remains competent to complete my pool! 

  If we cant get this resolved, I will have no other alternative than to turn this over to the ***** ************************ (and all other avenues) along with ALL emails, text messages, invoices, canceled checks and recorded conversations to ensure that Mr. ********************** doesnt do this to anyone else! 

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