The terms of the contract were never completed. Pool was started the first week of April 2013 and by November 2013 is was still not completed.
Pool construction began the first week of April 2013. We were told, weather permitting, it would be 4-6 weeks for completion. The pool (20ftx40ft) was losing six inches of water every 2-3 days and the owner, ****** ********, said that the water was evaporating because of heat. After several weeks of refilling the pool and complaining, ******** sent a crew to check for a leak. The crew marked a spot on the concrete and his workers tore up a giant hole in the newly poured concrete deck. There was no leak at that location. They proceeded to dig up several more sections of concrete and finally found a leak. The leak was TWENTY feet from where his workers marked where they detected the leak! The concrete was patched up and did not match the color or texture of the rest of the concrete deck. ******** said that is the best he can do and he could do nothing more about it. The patches measure in sizes from 4 ft to almost 6 ft in length. Also, when the concrete was ripped up, stone from the spa where chipped off. Within a few months of the patchwork the texture had peeled off and the concrete had cracked. The concrete has cracked in several other places around the pool as well.
After this leak was repaired, the pool was still losing water. Again, ******** said it was evaporation. Around Nov. 2013 and tired of waiting for Clearwater Pools to complete the plumbing and leaks, we called another company. They detected a leak and repaired it. This company guarantees that the leak is within 3 ft of where they detect it.
Clearwater pools had the spa and waterfall set to turn off when the temperature dropped. Eventually the pool froze and all of the pipes froze and burst, both pumps, the salt cell, and the heating unit were damaged when the temperature dropped and Clearwater pools didn't install/complete the plumbing properly. We had another company do the repairs and set the pumps to turn on when the temperature drops in order to prevent freezing. Two other pool companies have done work to complete what Clearwater started and/or repair what was improperly installed. Also, the ground around the pool was never leveled out (there is a steep drop off at the edge of the pool), the spill over from the spa doesn't pour out evenly into the pool and a safety cover for the spa and pool were never delivered as promised.
Clearwater pools was notified of the leaks that were detected and repaired by the other company and have since never returned phone calls/text messages or returned to finish the work. We had to wait for the winter weather to pass and are now in the process of repairing the damage to the concrete. We have paid over $6,000 for damage to pumps, salt cell, heating, and plumbing. Estimates for the safety cover are approx. $3500 and the expense for the concrete damaging is being calculated.
We would like to be reimbursed for our repairs and money spent to complete what Clearwater pools failed to do as promised in the contract agreement.
I'd like to address the complaint filed by ***** ****** regarding their swimming pool in **** ******* TN.
Their pool was started in April and the Homeowners were swimming by the middle of July. We always state that construction will take 8 to 12 weeks depending on the weather. The jobsite was over an hour away from our location and we could only work when the homeowners were at home.
We did have trouble locating the leak and we did have to repair the decking where we pulled it out. Repairs do eventually match the rest of the deck, but it does take some time.
The homeowners still had $9,215 that they owed us on their contract. We did not feel that they were going to pay us that amount after we came out to complete the work they were requesting. In November we had a phone conversation with the homeowner where we stated that if they would agree to pay us when we came out, we would come and take care of the repairs they wanted. The homeowner stated he would call us back with an answer and we did not hear from the homeowners again.
We did not receive any emails or phone calls regarding another company performing leak detection services for the homeowners.
We do not set our equipment to turn off in freezing temperatures. We set freeze control to come on at 37 degrees. This past winter was unusually cold and we had customers with all kinds of problems. Freezing parts is considered an act of God not covered under warranties. However, if the ******'s had contacted us, we could have helped them with their equipment as we were able to help many of our customers with similar problems, however, they would have had to have paid their final contract payment to us.
If we had been assured of final payment, we would have completed the work requested by the homeowners. The homeowners also would have been able to call us for help when they had freezing issues during the winter.
We feel that the money still owed to us is equal to the money paid by the homeowners for their leak and repairs to their equipment and the cost of the safety cover(which we would have provided had they paid their final draw). In their contract, the homeowners also had an outdoor kitchen, which they later decided not to build. We did not hold them to that part of their contract although we had the legal right to do so.
We would like to see this complaint resolved by an agreement that the money they owed us is equal to the money they spent on repairs.
(The consumer indicated he/she DID NOT accept the response from the business.)
This complaint is not about the distance the jobsite is from Clearwater Pools nor is it about the time it took to dig a hole and fill it with water. This complaint is about the poor workmanship and failure to complete the job as stated in the contract. We were home while Clearwater did work because we work from home. On one occasion we could not be home (family emergency) and we asked Clearwater to come another time. On this occasion, Clearwater had not been on the jobsite for almost 2 weeks. There was no prior notice that work was scheduled that day. I received a text that morning stating workers were on their way. One day out of several months, isn't the cause of poor workmanship and an unfinished job. We made all of our payments on time. We did address the issue of the pool continuing to leak even after the initial leak was found. Clearwater insisted it was evaporation. Also, the patch work in the concrete never matched. ****** ******** (owner) never came out to the jobsite in person to see firsthand how poorly the concrete patchwork job was done. I sent a picture via text. The picture was nothing compared to what it actually looks like in person. As previously stated, the leak was 20 feet away from where Clearwater claimed the leak was. Other companies guarantee the leak within 3 feet of where they detected it. There was no reason to tear up so much of the newly poured concrete. We told Clearwater that we had another company find and repair the leak that Clearwater could not find. We would deduct what we paid for leak repairs from the last payment. We also told Clearwater that the patch work was unacceptable. We stated that when it was repaired better, the ground around the pool leveled, and the pool cover installed; we would make final payment. We stated this because it had been 5 months since the pool was started and nothing was being done. The project was dragging out and workers were not coming to repair/complete the work. ****** ******** said that they would complete work the first week in November. They never came back. Our complaint is about poor quality work and breach of contract. As stated in the contract, final payment is due upon completion of all items in the contract. These items were never completed or poorly done. In order to repair/complete what Clearwater started, we have incurred bills surpassing *** final payment. We are asking for these monies. We have all documentation to support our complaint, including correspondence with Clearwater about our concerns.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
We regret choosing Clearwater Pools to build our swimming pool. We have bills exceeding the amount of the last draw. Clearwater operates under unethical business practices. They do not deliver what they promise in their signed contracts. It is the customer that suffers from their lack of pool construction knowledge. Other pool builders can't believe the shoddy work that was done by Clearwater Pools. In fact, one company even stated that the plumbing to the pumps is an example of what you are not supposed to do. They took pictures to show others what not to do. There is no excuse for not delivering what was stated in the contract or the poor work. Clearwater Pools is not doing us a favor by not pursuing the contractual agreement. If they thought they were in the right, they would have pursued this issue long before we complained to the BBB. If Clearwater Pools takes pride in themselves and truly regrets what they have done; they should reimburse the monies we spent to complete our pool as was stated in the contractual agreement that they chose not to honor. This complaint was an effort to give Clearwater Pools one last opportunity to rectify the situation before further action is taken.
Final Business Response
Business agreed to resolve through BBB Arbitration Process.