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BBB Accredited Business since

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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.

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Reason for Rating

BBB rating is based on 16 factors. Get the details about the factors considered.

Factors that raised the rating for The Swimming Man include:

  • Complaint volume filed with BBB for business of this size.
  • Response to 3 complaint(s) filed against business.
  • Resolution of complaint(s) filed against business.
  • BBB has sufficient background information on this business.


Customer Complaints Summary Read complaint details

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

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

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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

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Complaint Detail(s)

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,

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





























5/8/2012 Advertising/Sales Issues
1/2/2012 Billing/Collection Issues