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This Business is not BBB accredited

Berry Pool Co.

Phone: (713) 464-4424 Fax: (713) 464-4423 View Additional Phone Numbers 10801 Hammerly Blvd., Ste. 112, Houston, TX 77043 http://www.berrypools.com

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Description

This company specializes in commercial and residential design and building of pools and spas, renovations, and new construction.

BBB Accreditation

This business is not BBB accredited.

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Reason for Rating

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

Based on BBB files, this business has a BBB Rating of No Rating. The reason is as follows:

  • BBB does not have sufficient information to issue a rating on this 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 0
Guarantee/Warranty Issues 0
Problems with Product/Service 1
Total Closed Complaints 1

Additional Information

top
BBB file opened: September 25, 2003 Business started: 01/01/2002
Business Management
Mr. John L. Berry, Owner
Contact Information
Principal: Mr. John L. Berry, Owner
Business Category

SWIMMING POOL CONTRACTORS, DEALERS, DESIGN

Industry Tips
POOL & SPA - CHOOSING A CONTRACTOR

Additional Locations

  • THIS LOCATION IS NOT BBB ACCREDITED

    10801 Hammerly Blvd., Ste. 112

    Houston, TX 77043 (713) 464-4424 (713) 824-8182

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Additional Phone Numbers

  • (713) 824-8182(Phone)
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Complaint Detail(s)

8/20/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I entered into a contract with ***** Pools on *** *** **** for construction of a swimming pool at a home I am building. I terminated the Swimming Pool Contract (which was permitted under the contract) and decided not to proceed with construction at this time due to various reasons. I paid a deposit to **** ***** in the amount of $7,365.00 and he was supposed to return all but 10% of the amount pursuant to our contract. So far he has not paid me back nor has he returned my phone calls and has not responded to my attorney's demand letter. Also, he did not returned my shovel!!!

Desired Settlement: Refund 90% of the my deposit of $7,365.00.

Business Response:

Berry Pools response;

Mr. ****** never paid me any monies as the fact show he signed a contract with **** *** **** Construction  to build a house for them and Berry Pools was going to be the pool designer and builder  for that project.  Mr. **** *** **** has paid me a deposit of $7,365.00 for the work I performed on the ****** project............not Mr. ******. This started in **** **** with consultation with the ******'s and Mr. **** *** **** to design a pool with the requirements they wanted. After many design changes and new plans presented to the ******'s in ****** **** a formal proposal was given to the ******'s thru **** *** **** Construction. Several weeks went by and again several changes to the plans to lower the pool price to better suite their pool budget. After designing more than eight different changes to the pool design finally in ******* **** they agreed that Berry Pools would build their pool.

So we proceeded to do a physical layout of the pool on their property @ *** ******** ********* *****,  for them to see how the pool fit into the house plans. After that they decided to change the design again and we re-stacked out the pool for them to see the new location of the pool. A few more design changes and meetings with the Architect for the house design the pool was stacked out for a third time. Then the discussion of soil properties  began and a new  set of plans had to be made for the structural Engineers to discuss pier and beam requirements for the swimming pool shell.

Finally in ******* I submitted plans for permitting of the pool with the City of Sugarland, which plans I gave to Mr.  ******  at his request.  After  a couple for week the City needed further clarification of some of the details of the plan. Mr. **** *** **** then told me in ******** to hold up on the permitting process as the design would change again to just a spa and a KOY pond due to restraints of the budget and the cost of the structural slab requirements of the swimming pool from the structural engineers. Finally on ***** ** Mr. ******* informed me he was not going to build their house and I was free to deal directly with the ******. Mr. ****** and did have a conversation that he told me they were not going to use **** *** **** Construction but would be using me for the pool or spa construction  or what ever they did in the new house. He requested the previous plans I submitted to the City of Sugarland and I complied with his request.

Now my contract specifically states in paragraph 16;

16.         There are no promises, agreements, or understandings between the undersigned parties, which are not expressed in this contract.  Either party shall have the right to cancel this contract upon prompt written notice accompanied by payment for all work performed including sales commissions, at cost plus 10% less installment previously paid.

It seems that the ****** failed to read the contract or they are choosing to ignore the paragraph 16.  Mr. ****** is not due all his money back less 10%, rather he is only due back those monies which have not been used up to this point for all work performed plus 10% on his project. I am not obligated in any way to Mr. ****** to return any monies as he alleges since he never wrote Berry Pools a check. Further I never agreed to return any of the monies to **** *** **** that he paid to Berry Pools. Therefore Mr. ****** is due nothing from Berry Pools and until a full audit of the time spent on the ****** project is made and when we determine we have been fully compensated for all the  work performed plus 10 % on the 91* ******* ******* we are not a liberty to make any further statements at this time. I have no knowledge of any shovel he is referring to.

We are not in agreement with his statements and have no intention of following up with this BBB matter. My attorney will resolve this dispute with his attorney. 

Respectfully,

**** ** *****

Berry Pools