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BBB Accredited Business since

The Swimming Man

Phone: (512) 844-6263 ---, Austin, TX 78732 http://www.theswimmingman.com


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BBB Accreditation

A BBB Accredited Business since

BBB has determined that The Swimming Man meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses pay a fee for accreditation review/monitoring and for support of BBB services to the public.

BBB accreditation does not mean that the business' products or services have been evaluated or endorsed by BBB, or that BBB has made a determination as to the business' product quality or competency in performing services.


Reason for Rating

BBB rating is based on 13 factors. Get the details about the factors considered.

Factors that raised the rating for The Swimming Man include:

  • Length of time business has been operating
  • Complaint volume filed with BBB for business of this size
  • Response to 1 complaint(s) filed against business
  • Resolution of complaint(s) filed against business


Customer Complaints Summary Read complaint details

1 complaint closed with BBB in last 3 years | 0 closed in last 12 months
Complaint Type Total Closed Complaints
Advertising/Sales Issues 0
Billing/Collection Issues 0
Delivery Issues 1
Guarantee/Warranty Issues 0
Problems with Product/Service 0
Total Closed Complaints 1

Customer Reviews Summary Read customer reviews

0 Customer Reviews on The Swimming Man
Customer Experience Total Customer Reviews
Positive Experience 0
Neutral Experience 0
Negative Experience 0
Total Customer Reviews 0

Additional Information

BBB file opened: November 25, 2009 Business started: 07/10/2008 Business started locally: 07/10/2008 Business incorporated 07/10/2008 in TX
Type of Entity

Limited Liability Company (LLC)

Business Management
Mr. Greg Smith, Owner
Contact Information
Principal: Mr. Greg Smith, Owner
Business Category

Swimming Pool Contractors, Dealers, Design Swimming Pool Enclosures Spas & Hot Tubs - Dealers Landscape Lighting Outdoor Kitchens Cabanas - Beach & Pool

Alternate Business Names
The Swimming Man, LLC
Industry Tips
Tips for avoiding a pool construction nightmare Tips for hiring a contractor

Additional Locations

X

BBB Customer Review Rating plus BBB Rating Overview


BBB Customer Reviews Rating represents the customers opinions of the business. The Customer Review Rating is based on the number of positive, neutral and negative customer reviews posted that are calculated to produce a score.

Customer Review Experience Value
Positive Review 5 points per review
Neutral Review 3 points per review
Negative Review 1 point per review

BBB letter grades represent the BBB's opinion of the business. The BBB grade is based on BBB file information about the business. In some cases, a business' grade may be lowered if the BBB does not have sufficient information about the business despite BBB requests for that information from the business.
Details

BBB Letter Grade Scale

BBB Rating Value
A+ 5
A 4.66
A- 4.33
B+ 4
B 3.66
B- 3.33
C+ 3
C 2.66
C- 2.33
D+ 2
D 1.66
D- 1.33
F 1
NR -----
Star Rating scale

  Average Score
5 stars 5.00
4.5 stars 4.50-4.99
4 stars 4.00-4.49
3.5 stars 3.50-3.99
3 stars 3.00-3.49
2.5 stars 2.50-2.99
2 stars 2.00-2.49
1.5 stars 1.50-1.99
1 star 0-1.49

BBB Customer Review Rating plus BBB Rating is not a guarantee of a business' reliability or performance, and BBB recommends that consumers consider a business' BBB Rating and Customer Review Rating in addition to all other available information about the business. If the BBB Rating is NR then only Customer Reviews are used for the Star Rating.

Complaint Detail(s)

2/27/2015 Delivery Issues | Read Complaint Details
X

Additional Notes

Complaint: Mr. ***** built a pool for us, which is beautiful. We broke ground September 2013. Our pool equipment was set for install Jan/Feb 2014 (per my email records). We provide this to establish the extended time it has taken to get the project to it's current state. We have paid our contract in full. However, there are line items that were not delivered. We believe it has always been Mr. *****s intention to complete the remaining line items and he stated so in writing and in person within the last 2 months. That being said, they remain undone and he has not answered our last several emails, phone calls or text messages. He did have his new foreman, Mr. **** **** call us last week after we left a voicemail with Mr. ***** stating we were at the end of our rope. Mr. **** coincidentally said he was planning to come work on 1 of our outstanding items Wed or Thursday of last week. My only request to him was that he call/text if he could not make it. He did not show up (this has been the routine for months, previously it was with Mr. *****'s prior supervisor who has since quit). He did not return calls or texts until today, 2/3/2015 when I called from an number unknown to him, did not leave a message, and he called back. He obviously did not know it was me. He provided the usual excuses we've been hearing for months and months and promised to show up this week, as they've done to us for months and months. We are simply at a place where we are unable to believe they will complete the outstanding items anytime soon and we just want to close this out and move on so, we are asking for assistance from the BBB for help in closing out the following items: 1) Grommets for umbrellas - hire the deck builder to install in the locations identified by us according to the method we all agreed to within 30 days of reaching an agreement or we can contract with the builder directly and Mr. ***** reimburse us for the cost incurred. (estimate $300) 2) A Wrought Iron Spiral Staircase w/ gate access - was not installed as they discovered at some point they could not get a prefabricated one to fit and (I speculate) were unwilling to pay the cost to have one fabricated (at least 1 welder provided them a bid but he did poor work on a small gate project they gave him so they wisely rejected him). After a lengthy back and forth and when it became apparent they were not going to provide a custom wrought iron solution, I agreed with Mr. ********* on a compromise of a ladder or regular stair solution made of the deck material with matching railing for safety but for reasons I am unsure of, it was never done or maybe not communicated to Mr. *****. I do not know. After Mr. ********* quit and Mr. ***** finally got back in touch with us, it seemed as though he was unaware of the compromise we agreed upon with Mr. *********. He said he and his new supervisor Mr. **** would design something but we have yet to see it. We ask that they provide their proposed design for us to approve, proof that they have contracted with the deck builder to do the work and that it be completed, including gated access, in a quality manner within 30 days of reaching an agreement. Otherwise, we are willing to contract directly with the deck builder, provide the contract and receive compensation from Mr. ***** for the amount billed us. (Estimate $1200) 3) Driveway damage - we paid $400 for the paver driveway to be protected from damage (they put down plywood). They took the plywood up before they finished heavy equipment work. Between the large equipment being parked on the pavers (including a backhoe), and the work trucks loaded down with heavy materials like leuders limestone, the parking pad area of our drive has deep indentations that collect water/mud and the entire area is now unlevel (undulates). We have contracted with ***** ***** of **** ******* ****** at a cost of $800 to repair the damage. We are not asking for this amount from Mr. ***** but are requesting reimbursement of the $400 paid to prevent driveway damage since we are now having to spend twice that amount to repair the damage or if he wishes to think of it as paying half our repair cost, that is fine also as the amount is still $400. Mr. ***** did offer to do the repair ("when" and "how" is the issue) but we have had multiple subcontractors he hired do poor work that Mr. ***** had to have redone and we don't want to get into a situation like that again. We prefer to hire our own contractor who specializes in paver driveways to ensure the job is completed in a timely manner and correctly. We do not want to set us or Mr. ***** up for another potential conflict. 4) Shower - We request this item be completed within 10 days of an agreement being reached to the standard we have agreed upon with Mr. ***** (we believe he has the materials & this would be hard to do incorrectly, so this should be an easy win). If that does not occur, we request reimbursement for the cost of hiring someone to do the installation and for the cost of any materials, unless Mr. ***** wishes to provide the materials he has already purchased. (know cost $400) 5) Pool equipment fence - The pool fence is incomplete. It still have temporary staples (boards are now starting to pull away) and Mr. ********* had to remove the door because it is too long to close (they'd dug a hole in front of it so it could open partially which we paid the landscaper to fill and level after Mr. ********* removed the door). Also, the door opens the wrong direction, requiring you to walk into the sticker bushes to enter. Mr. ***** reviewed all of this and agreed to address it. We are just asking for help to secure an end date so it happens in the near future. We request the same 10 days from the date of agreement or we are willing to work directly with the fence builder if Mr. ***** agrees to reimburse us any cost we incur. We paid Mr. ***** in full and believe (hope) he paid the fence builder so we are hopefully there will be no additional cost to fix the fence. (estimate $200) 6) Underside of the deck plank - Mr. ********* removed some planks to correct a problem with the symmetry of some support beams. They need to be replaced (new material obtained and cut to the correct size). We request this work be contracted with and completed by the deck builder within 10 days of an agreement or we are willing to contract directly with him and have Mr. ***** reimburse us the cost. (estimate $200) 7) Pool surface - There is a problem with the abalone shell and the Quartz finish, per Mr. *****, such that they are have a chemical reaction causing brownish spots to appear on the surface. Mr. ***** suggested resurfacing and leaving out the shells. We are open to suggestions from Mr. ***** on resolution but are weary and do not wish drain the pool, resurface and go through startup all over again. Perhaps he would like to consider monetary compensation, such as half his cost of resurfacing (to be established by providing us with the paid invoice for the first surfacing job), which we can use toward resurfacing the pool when it becomes time to due so due to wear/tear. (estimate $5000) 8) Pool equipment malfunction - I was shocked by the ******* pool pump recently. Mr. ***** responded quickly by sending an electrician to examine the installation and he and Mr. **** came to examine it as well. He contacted ******* and they theorized the shock came from the capacitor in the pump (it can hold a charge). Ok, but the panel was damage when I was shocked and now you cannot control the variable speed pump (the one that shocked me) when the panel is in Service mode (the mode it was in when I was shocked) and there is still not explanation as to why I got shocked such that we are certain it will not happen again. Mr. ***** is aware. However, nothing further has been done to address the issue that we are aware of and we are fearful that there will be another occurrence. To protect our families safety, we have contacted ******* directly. They have arranged for their warranty personnel to come review the installation and check the panel. We were informed that they do not cover improper installation and that if it is discovered to be the cause of the shock and subsequent panel damage that we will be billed. We request that we be reimbursed for any charges we incur if it is found to be an issue of workmanship (i.e. incorrect installation). (estimate $500) As side note, when I spoke with Mr. **** today (see note in beginning as to how I was able to get him to call me back) and I questioned him on this issue he told me he had just spoken to the ******* rep about our situation and started tell me how he was handling it. When I informed him that we have ******* equipment he became flustered, said he knew I had ******* and that "at least he called me and he was standing in a pool in the rain", etc. Although he said he knew I had ******* equipment but did go on to correct himself (i.e. "oh, yes, I meant the ******* rep", etc.) and provide his solution to how he was addressing our issue. He just got frustrated and so I proceeded to inform him that I had spoken to ******* myself and they were sending someone out. Unfortunately, that exchange led us to believe he was potentially misleading us into thinking he was working on the issue when really nothing had been done. We hope that is not the case and do not wish to accuse Mr. **** unjustly. However, it was the final straw for us based upon our cumulative experience with broken commitments. We believe that Mr. ***** wants to finish this as he stated to us in writing and verbally, but for reasons unknown and not understood by us, he is not making 100% sure it happens so we need help now to get this wrapped up so we can all move on. I am sure it will be a great relief to Mr. ***** as well. I apologize that the amounts provided are primarily estimates but I am hopefully we can come to a compromise such that actual bids for the estimated items will not need to be obtained. If cannot come to a “complete the work” agreement on most items or we incur a cost yet unknown, such as on item #8, we will then be able to provide more accurate figures.

Desired Settlement: Combination of finishing the job or reimbursement of costs; please see the "Tell Us About Your Problem" for details

Business Response:

Dear Mrs. *****,

 

Thank you for your feedback.  I apologize for any frustration or stress the process of building your pool has caused.  I agree that it has taken too long for some of these items to be resolved and take responsibility for this. 

I have taken steps to address your issues and will remain in communication with you as to schedule.  It is my goal to be resolved by March 1st

 

Thanks you,

 

**** *****   

Consumer Response: Complaint: ********

We appreciate your response Mr. ***** and your willingness to freely take responsibility for the items raised in the claim.  We ask that your response be specific about what you intend to do regarding each of the items raised in the complaint to help detour future misunderstandings.  A summary from our perspective is below and if you agree with it, we ask that you respond affirming your acceptance of the solution to each item with your goal of closure on all by March 1, 2015:


1) Driveway damages: provide refund of the $400 protection fee

2) Shower Installation with agreed upon fittings

3) Stair/Ladder, railing & gate - stair/ladder, railing and gate designed and installed w/ our prior approval of the design and finish

4) Underside of Plank repairs - new decking cut and installed to fit around the X support repair

5) Grommets - install in agreed upon locations with agreed upon installation technique

6) Equipment fence - complete it (reverse door and screw down all boards)

7) Pool surface - negotiate with us on a solution to the spotting/damage associated with the abalone shell additive 


Regards, 

** *****


Regards,

** *****

Business Response:

Thank you for your feedback.  I apologize for any frustration or stress the process of building your pool has caused.  I agree that it has taken too long for some of these items to be resolved and take responsibility for this. 

I have taken steps to address your issues and will remain in communication with you as to schedule.  It is my goal to be resolved by March 1st

 

Thanks you,

 

**** *****   

Business Response:

Good Evening ******,

 

I thought I had responded to you appropriately the first time I wrote.  I have been in regular communication with the client as recently as yesterday the 23rd coordinating schedule.  My men have been at the job on multiple occasions and I believe I am on path to address all the *****’s issues.  The completion by March 1st is not realistic however as we have been receiving inclement weather.  There are materials being fabricated per the *****’s approval on the stair design.  I will need to check on the status of that tomorrow to understand what the welders timeline is.  I ordered a board for the shower per Ms *****’s request, making it available to the installer who is doing some other work on site unrelated to any issues.  I agreed to the Paver solution.  I have spoken to the *****’s about the plaster with a mutually agreeable solution in discussion. 

 

Please let me know if this communication is sufficient for you.  I will be glad to accommodate in all good ways.

 

Thanks,

 

**** *****

Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. Mr. ***** has communicated with us about how we want to go forward and we trust he will follow through with regular communications and ensuring all of the areas of concern are adequately and appropriately addressed.  We genuinely appreciate his positive and cooperative demeanor throughout this process and look forward to gaining mutually satisfying closure for us all.

Regards,

** *****


Customer Review(s)

The customer review(s) below are un-filtered. These positive and negative reviews are not used in the calculation of the BBB Rating. If you wish to file a complaint and request a resolution to your issue please click here. This customer review section is not BBBs complaint resolution system. Customer Reviews are the subjective opinion of the individual who posted the review and not of Better Business Bureau. A customer review is not posted on a business if a BBB complaint on the same issue(s) is also filed. BBB cannot guarantee the accuracy of any customer review and is not responsible for the content of any customer review. Public comments are not customer reviews.

Customer Reviews Summary

0 Customer Reviews on The Swimming Man
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Neutral Experience (0 reviews)
Negative Experience (0 reviews)