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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
  • Response to 2 complaint(s) filed against business
  • Resolution of complaint(s) filed against business


Customer Complaints Summary Read complaint details

2 complaints closed with BBB in last 3 years | 1 closed in last 12 months
Complaint Type Total Closed Complaints
Advertising/Sales Issues 0
Billing/Collection Issues 1
Delivery Issues 1
Guarantee/Warranty Issues 0
Problems with Product/Service 0
Total Closed Complaints 2

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

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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,

** *****

8/19/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

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 ******* ********.

Business Response:  I was contracted by my clients **** *** ***** ******* to build a swimming pool.  It is a fixed price with a price of
$35,851.80     The process began with design.  I designed several design versions of the
pool for the Client settling finally getting to a design that the client
wanted.  The next phase of the process is
to do a Layout, defined as drawing the pool to scale on the ground at the
site.  It quickly became apparent that
this version drawn on the ground was not going to work.  I went back to the drawing table and was able
to produce another design for layout.  I
met my clients and drew another version for them on the ground.  This time the clients wanted to make the pool
bigger by a couple of feet and move it a couple of feet.  I did another drawing and moved the pool per
their request without charging any more for the increase in size.  We met again, placing the pool in an agreed upon
position and thoroughly discussing and agreeing on the location of the pool,
the elevation of the pool and the size of the pool.  I adjusted our agreement per our discussions
and I began construction.

I used our
mutually agreed upon and signed agreement as a guide to build the pool. 

Prior to the
installation of the equipment for the pool which calls for a ******* 2.5 HP 2
speed pump I discussed with the client exchanging the pump contracted for with
a ******* ********** Pump.  This pump
allows the client to program the pump to operate the pool and its features at
extremely energy efficient settings and has been proven to save hundreds of
dollars a year over traditional pool pumps. 
This pump costs more than the pump specified.  Additionally I discussed with the client the
******* 400,000 Btu heater vs. a ******* 250,000 Btu heater.  I explained that the difference was that the
250K heater simply took slightly longer to heat water than the 400K heater.  I agreed to make the exchange for the more
efficient pump and smaller heater at no charge to the client, ordered and
installed the same.

After I had
installed the new pump and heater, I received a message from the client that
his friend had a pool with two pumps and that was his expectation.

It became
apparent to me by requests for price adjustments to our contract that my client
was positioning himself so as not to pay for his project as per our
agreement. 

The client
contacted me with an offer to settle up our project.  I agreed to his offer.

The client
has failed to honor his own offer of payment and has left an outstanding
balance of $852.00

Additionally
it came to my attention that the client directed my electricians to install two
20 amp plugs on the deck that were neither contracted for nor discussed with me
prior to his direction of the electricians to install these items.

The bill for
this is $400.40

This brings
the total amount due to $1,252.40

The client
states that he mailed a “final Payment” for the “Amount we feel due” is
unacceptable.  My invoice has the address
on it as well as in the clients request of a plan to settle us up he asked me
to again send him my address as he was “eager to get things settle up” was
again provided to him via text which he acknowledged.

My disputed
amount is $1,252.40   Once I receive a
certified check in that amount I will rescind the lien.   

The client
has expressed his intention to file a lawsuit when it is clearly stated in our
contract that all disputes will be settled by BBB Rules. 

I would
suggest that the client read our contract and review all the correspondence. 

**** *****,   The Swimming Man
***********************

************

Consumer Response:

Complaint: *******


My request to resolve the complaint:
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. 

3. Resolve or pay the sub-contractor ******* ********.


I am rejecting this response because:
 

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.

Regards,

******* ******* 













































Business Response: Response to Client     
6-19-13

I will not change the invoice for the final bill as these
items where discussed prior to their purchase and installation.  The fact of the matter is that the pump that
the client chose and was installed will give the client hundreds of dollars a
year in energy savings.   

I explained this to the client prior to installing.

The claim of lien was placed because the client failed to
follow the terms of the contract. 

At the time of layout, I went through a review of the
project, important because the project, per the clients desire to change
directions on a regular basis, needed a careful review and clarity.  The elevation of the pool was thoroughly
discussed, the fence was discussed, the privacy was discussed, all the
details  of the project were gone
over.  “Blatantly False that we agreed on
the elevation of the pool”  is not accurate.  The Client initialed the Layout drawing which
states  “buyer approves the location and
elevation of the pool.”

The clients position that it is false and irresponsible for
The Swimming Man to accuse the client of positioning himself as to not pay for
the project as agreed is inaccurate.  The
Swimming Man has documentation that shows the client did not follow the
contract nor did the client follow his own offer  in writing that The Swimming Man agreed to in
writing, to follow a clear path to settle. 
The client has not paid the final amount due The Swimming Man per our
agreement.

Consumer Response: [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]

Complaint: *******

I am rejecting this response because:


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.

Regards,

******* *******