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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 2 complaint(s) filed against business
- Resolution of complaint(s) filed against business
Customer Complaints Summary Read complaint details
|Complaint Type||Total Closed Complaints|
|Problems with Product/Service||0|
|Total Closed Complaints||2|
Customer Reviews Summary Read customer reviews
|Customer Experience||Total Customer Reviews|
|Total Customer Reviews||0|
Type of Entity
Limited Liability Company (LLC)
Business ManagementMr. Greg Smith, Owner
Swimming Pool Contractors, Dealers, Design Swimming Pool Enclosures Spas & Hot Tubs - Dealers Landscape Lighting Outdoor Kitchens Cabanas - Beach & Pool
Alternate Business NamesThe Swimming Man, LLC
Industry TipsTips for avoiding a pool construction nightmare Tips for hiring a contractor
Austin, TX 78732 (512) 844-6263 Directions
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Complaint Trends - Last 3 Years
Customer Review Trends
BBB Customer Review Rating plus BBB Rating Overview
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|Customer Review Experience||Value|
|Positive Review||5 points per review|
|Neutral Review||3 points per review|
|Negative Review||1 point per review|
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Read Complaint Details
Complaint: ** **** *****/The Swimming Man was contracted by us to build a swimming pool. The pool was not built according to the agreed design. The depth of the pool and the height of the pool are not satisfactory. At this point, we have attempted many times via cell, text and email to resolve this matter and to get a corrected final invoice. *** ***** exchanged the pool heater and pump for equipment that was not contracted for. Also, he billed us for a portable toilet that was not delivered. Apparently he has not paid a sub-contractor ******* services who mailed us a "claim of lien" for "lighting on deck." We do not have lighting on our deck. The ******* claim of lien appears to be an invalid lien according to our attorney. It was mailed to us May 13, 2013 yet no work on the pool was performed after March 12, 2013. Hence, the lien was not filed within the legal time period. Also, there is not a date the supposed service was performed. ******* did not provide a physical address or phone number and did not provide an invoice. We have attempted to resolve with the issues with The Swimming Man by cell, text and email over the past 60 days. We have not received any response. Further, we mailed a final payment for the amount we feel is due but the payment was returned to us by **** ** ******* due to an invalid mailing address. The Swimming Man has placed a Mechanics Lien on our property in ****** County.
Desired Settlement: We ask that *** *****/The Swimming Man do the following. If not resolved with 30 days of this complaint, it is our intention to file a lawsuit. 1. Send a final invoice adjusting the cost of the heater and pump and remove the charge for a portable toilet. 2. Remove the mechanics lien on our property. 2. Resolve or pay the sub-contractor ******* ********.
I was contracted by my clients **** *** ***** ******* to build a swimming pool. It is a fixed price with a price of
2. Remove the mechanics lien on our property.
3. Resolve or pay the sub-contractor ******* ********.
In their response, the business still failed to provide an adjusted final invoice as requested in #1 of the complaint detailing the costs for the heater and pump and removing the toilet that was not used. I called an authorized ******* dealer and the 250K heater cost about $525 less that the 400K we contracted for. The pump did cost more but the contractor has not furnished the invoice.
I am confused why a "claim of lien" was filed by a company ******** that I have no knowledge of nor any contract with nor an invoice from. Also, why did ******* consolidate the amount The Swimming Man claims he is owed?
The Swimming Man provided an invalid address so the payment I sent was returned by the bank (*** **********). Hence, I need an address. If he sent me a text I do not have it any longer.
It is blatantly false that we agreed on the elevation of the pool. The drawing filed with the City of ****** permit department clearly shows additional steps that would have lowered the pool about another 2 feet. As a result we incurred the expense of raising our fence to 8' to get the privacy we desired. This cost $1000 and was directly a result of the failure of The Swimming man to construct the pool according to the design. We still need to raise another section of the fence but have decided not to expend more money until we reach a resolution. We feel that The Swimming Man should reimburse us for the cost of raising the fence. We reserve the right to sue The Swimming Man regarding the cost of the fence.
It is also false and irresponsible for The Swimming Man to accuse me of positioning myself as to not pay for the project per the agreement. If The Swimming Man had built the pool as designed and adjusted the invoice as requested we would not have filed a complaint.
I do not dispute the $400 due for the outlets that were in addition to the base contract. I will pay this amount once we resolve the complaint. It is solely up to The Swimming Man to provide the information I need to finalize the contract.
Also, I am not precluded from filing a lawsuit as suggested in the response. The BBB has no enforcement power and only a court can bring relief we seek if this is not resolved via the BBB complaint process.
Response to Client
[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
I find the response from The Swimming Man to be in exact contradiction to my complaint.
In fact, I laughed at the second response. I have clearly stated the facts in my first two messages.
I completely reject the responses from The Swimming Man and am confident that my version is true and accurate.
The Swimming Man mailed me a "claim of lien" that was reviewed by my attorney which he deemed invalid.