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In Northeast California

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

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Complaint Detail(s)

7/1/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: This subcontractor was hired by my general contractor and performed very poor quality work, filed an inappropriate mechanics lien to cause trouble and is harassing me. I have no direct contract or relationship with this contractor.The contractor's work on our pool leaked in 3 places, for which I have had to pay for repairs. Also the plastering was patchy and uneven in several places and is yet to be repaired.The contractor has engaged in a program of harassment against me by calling and email repeatedly even after I directed him to cease and desist contacting me. He then filed a malicious, frivolous complaint against my husband's company which has been out of business for 5 years; also we have never provided services to Custom Pools, therefore, there is no reason for him to file a complaint against us, except to cause trouble. The contractor avoids service by hiding behind a chain link fence with a vicious dog, inhibiting my ability to contest his inappropriate mechanics lien. The lien is illegal because no timely preliminary lien was filed. He has now filed a second, duplicate lien against my title, again for the purpose of causing me trouble.

Desired Settlement: I wish for the contractor to remove both liens from my title immediately by filing a retraction with the Calaveras County recorder; he should seek any restitution from the person or persons with whom he has a contract.I wish for this contractor to reimburse me for repairs.

Business Response: My superintendent on this job was in direct with ********* ***** and her husband, **** one week after the job was complete to ask for payment. A phone call was made by my superintendent to ****. He asked for payment. **** told my superintendent that he would have to speak with his wife and gave her the phone. At that time she said she would check with ****** *****, the original contractor, to find out the exact balance owed and would put a check in the mail to us. She said the pool looked beautiful and had no complaints. A week went by with no contact with ********* and no check was received in the mail. My superintendent made a follow up phone call to request payment again. At this time ********* said she was very busy and under a lot of stress because her husband was ill. She said she had not called Azteca to confirm the balance, but that she would and would put a check in the mail. My superintendent told her that he just talked to ****** ***** and that they told him she did confirm the balance and that he expected to be paid in full. At that time ********* became very aggitated and asked him not to contact her again. We waited another week to see if she would pay her bill and she didnt.  Liens were filed to insure that I get paid. 

I was never informed by Mrs. White or the original contractor of any leaks or uneveness in the plaster. If there were issues I would have addressed them immediately.
 I have left a message for ****** *****. I would like to speak with her directly. There is a law suit pending on this case.
 
Thank you,
 
***** ****** ************ ************ ****

Consumer Response: I am rejecting this response because:  they did not file the timely pre-lien, and because I have no contract or relationship with Custom Pools, and yet I am being harmed and attacked by them.  My husband has never had any business with Custom Pools and is out of business, and yet, Custom Pools filed a frivolous complaint against him to cause us trouble.  Please help us.

Business Response: This case is being handle by attorneys. I feel it is in the best interest to both of us that it is handled in court. 

Consumer Response: I am rejecting this response because: Custom Pools has refused arbitration, which had been scheduled for May 12, 2014,  and is doing everything in their power to delay and interfere with a resolution.   Therefore, the assistance of the BBB is requested.

Consumer Response:

[A default letter is provided here which indicates your acceptance of Arbitration. If you wish, you may update it before sending it.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID .********, , and find that arbitration is necessary.

Sincerely,

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

Business Response: I decline BBB arbitration

BBB's Final Determination: The business failed to resolve the complaint issues.

11/20/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: In the process of building our pool this business damaged an estimated 600 feet of concrete due to negligence. No proper precautions taken to prevent 9-24-13 Custom pools dug a pool in our backyard. During the digging process our concrete and the neighbors concrete were not protected with plywood or any other form of protection including dirt. We were told by ****, the salesman, that a small tractor was going to be used in the digging process and that plywood would be put down along with dirt to protect the existing concrete. The day of digging ***** used an excavator. We were assured on 8-14-13 by ****, the day we signed our contract that the utmost most care would be taken to protect our property and that of our neighbors. The only damage might be a few fence posts that break when they have to be pulled out of the ground according to ****. The day prior to the dig, ***** came into our back yard and took done the fence, breaking every single fence post and the lock on my neighbors gate. My neighbor never gave written consent to Custom pools to access their yard! I immediately called the company and spoke to ****** who said he would try to get a hold of ***** to call me back. Never heard from ***** on 8-23-13. Did speak to Neil, who stated that he wasn't aware of anything and that normally things don't go like this. On the morning of 8-24-13, ***** showed up to my house and I voiced my concerns, he assured me that he did speak with the neighbor and it was all good. I questioned him on some existing concrete in the back yard that was suppose to be saw cut along the joints so that we could save it and instead it had been broken in such a way that left over 100 feet of concrete useless. He said he wasn't aware that it was to be saved and that he would take care of it when we discussed the concrete decking later. After the pool was dug and the crew were cleaning up was when it became obvious that 5 different areas of concrete had been broken. 1. Our driveway, 2. Neighbors front walkway 3. Neighbors back yard, 4. Our front walkway, and 5. Our sideyard near the back of the house. He told me not to worry that they do concrete and it would be taken care of when he poured the decking. Our neighbor also confronted him that day and he verbally assured him that he would take care of everything including the bush that had been beat up in the digging process. 8-28-13 after many failed attempts in communicating with Custom pools, my husband and I met with ***** again in our backyard and went over in detail the damage done to our concrete and that of the neighbors including the piece that should have been saved by being cut at the joint. Again he assured us that he had spoke with the neighbor and told him he would fix it and that he was aware of damage done to our concrete and that he would take care of it during the pouring of our decking. "Let's just get the pool guinite in so we can fill in all these trenches and we will take care of the rest", were his words to us. So the process continued until 9-18-13 when ***** and ****** came to my backyard to measure out where we wanted the decking to go. When we got to the damaged side yard he immediately said, "Im not fixing this, read the back of our contract, Im not responsible". I asked him about the neighbors concrete and again he instructed me to read the back of my contract. I told him, you gave us your word that you would fix it and you also told the neighbor that you would fix it. He just told me that he was not responsible. He told me he would measure it up and call me with an estimate. 9-21-13, I spoke with our neighbor who stated that he never gave Custom pools permission verbal or written to access his yard. He also stated that he confronted ***** on 8-24-13 and that ***** assured him he would take care of the concrete and even guaranteed to replace one of his bushes. He also never called me back to give me an estimate or discuss this matter any further which left me no choice but to proceed and file this complaint as a recourse to recover damages done to my property and my neighbors due to negligence.

Desired Settlement: I want the concrete that was damaged during the digging of our pool fixed. It is an estimated 500 feet of concrete on both my property and the neighbors not to mention the 100+/- feet of concrete that should have been saw cut along the joint. I am seeking monetary compensation to be able to have a licensed contractor whom I can trust to do the concrete. I have lost all trust in Custom Pools and prefer that they don't ever come back to my backyard again. Due to lack of communication between myself and various employees employed at Custom Pools, I just feel it would be better for both parties involved to have a third party complete this job and Custom Pools refund me an amount of money that will allow for my concrete and my neighbors to be fixed. Again want to state that my neighbor did not give either verbal or written consent for Custom Pools to access his yard and he had incurred damages.

Business Response: Initial Business Response
The issues with Mrs. ***** have been resolved. The work has been completed to her satisfaction.

Final Business Response
the concrete was repaired to customers satisfaction

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

9/2/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Pool Fence that was installed is poor quality, lose, falling apart and unsafe. Multiple repairs have been made since installed on March 31, 2013. The fence was installed March 30-March 31, 2013. 115' baby barrier fencing 5' high with 4' gate. $2,340 paid by check. When it was installed I let the installers know that it was lose, uneven, slanted, missing parts in the ground since some areas lifted easily and did not look safe, considering the top of the poles were being held together with zip ties. If the zip tie came off or was to break, there would be a huge opening, large enough for my three year old son to walk right thru. They stated that it was the material and that some sections would be tighter than others. They also stated to "replace the zip ties" if they broke. It was extremely lose, blowing in the wind, and easily fell forward with any weight. I contacted the Sales Manager immediately with my concerns. The second week in April the company came to repair the fence and tighten it. It was still uneven, lose, with zip ties in place. April 21, 2013, the screws that hold the netting and poles together started popping off in various sections. I contacted the company; **** ********, ***** ******, and ******* It took over two weeks to have someone look at it. They put the screws back in, but fixed nothing else. I also stated I never received caps to put in the ground if I were to remove the fence. I have never received an answer June 30, 2013, the fence continues to loosen, the zip ties are getting ***** and ***** causing larger unsafe gaps, and the screws have started to pop off in various places enough to were there is a large opening were my son is able to walk thru. ******* foreman, and **** ********, have been in contact and stated it only needs epoxy and new screws. (I have left two messages for the owner, *****, with no response.) That for whatever reason, the epoxy, sleeves that hold the poles in place were not installed in all sections. I explained that the fence is completely unsafe, uneven, and poor quality. Replacing screws will not come close to fixing the fence. The areas where the poles were installed were drilled crooked. I have requested a refund several times.

Desired Settlement: Requesting a full refund. This fence has been repaired several times since being installed four months ago. New screws and epoxy will not begin to fix the problems. The fence is poor quality, poor material, and on top of that, was installed wrong. The holes were drilled crooked leaving it to be uneven. Zip ties are not strong nor safe enough to keep the fence in place. This fence was bought for the safety of my three year old son. If the fence is leaned on at all, it leans forward and loosens. Extremely unsafe.

Business Response: Business' Initial Response
Contact Name and Title: ****** ******* Contact Phone: XXX-XXX-XXXX Contact Email: **************@aol.com In response to Ms. ********* complaint I would like to say that Custom Pools will stand behind our workmanship and will make all necessary repairs to Ms. Silveirass satisfcation. Parts are on order and we will call her as soon as they come in to schedule a time to make the repairs.

Consumer's Final Response
(The consumer indicated he/she DID NOT accept the response from the business.) I will be satisfied once the fence is replaced. The fence has been repaired several times, in such a short amount of time after installation. This has made the problem and quality even worse. I am happy to work with Custom Pools, and they have been willing to do the same, with replacing the fence with a new one and getting reimbursed the difference in cost of the new fence compared to the current fence. Enough repairs and time has been spent on the current fence.

Business' Final Response
The fence has been replaced. Mrs. ******** is satisfied with the new fence.

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

12/26/2012 Guarantee/Warranty Issues | Read Complaint Details
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Additional Notes

Complaint: Custom Pools re-surfaced our Pool and Spa. The Pool looks beautiful and the spa has a crackle surface which Custom Pools says is normal. We hired Custom Pools to resurface our pool and hot tub Feb/15/2012. They started work the week of 3-12 and finished a week later. They filled the pool and hot tub and gave us curing instructions. ****** told us to wait at least 2 weeks before turning on the hot tub. We waited over a month and then turned it on for a few minutes and only 1 jet worked. We called Custom Pools and they came out and fixed the spa so all of the jets worked. We then waited another couple of weeks before we heated up and used the spa. Sometime in May we contacted ****** advising him that the spa had a crackle look and did not match the pool surface. ****** told us we should just keep brushing the spa and eventually it would match the pool. We waited a few weeks more and when there was no change, we contacted ****** again. He was in the hospital and so we left word for someone else to get back to us. For the past 5 months we have left messages and have been strung along. Finally in October after contacting the owner ******-******* came out to look at the spa and took pictures with his cell phone and told us he would get back to us. He didn't and no one else did either. Today we talked to Stefan who said even though he hadn't see the pool, he talked to the owner who said these cracks were Check Cracking and sometimes unavoidable. I looked up the definition of Check Cracking- Check cracking Check cracking - A random pattern of cracks that forms on a plaster surface as it sets. These cracks occur due to moisture loss from the surface of the cement as it dries. They often become visible when the plaster is first wetted, because the cracked area absorbs water more quickly than the plaster surrounding it. Treatment Most check cracks will reseal underwater within 24 hours of appearance. If too much moisture was lost during the plaster drying process, deeper open shrinkage cracks may have formed. I think Custom Pools may have been negligent in their start up filling process. I was not home when they started filling the pool. How long did they wait before filling the hot tub?? With the statement above in mind I think moisture may have been lost during the plaster drying process. Maybe from waiting too long to fill? The owners son in law was very sick during this period and could have had impaired judgement. Bottom line I want a spa that matches my pool not one that is "check cracked". When we have people over they say how pretty the pool looks and then say "what's wrong with the hot tub"? We paid $5,000 for this re-surfacing job and want the spa redone

Desired Settlement: We request they resurface the Spa to match the pool

Business Response: Business' Initial Response
Contact Name and Title: ****** ****** President Contact Phone: XXX-XXX-XXXX Contact Email: *****@aol.com The "check cracks" that Ms. ****** is talking about were not caused from negligence on my companys behalf. We use the same filling procedure on all pools. The water is started in the deep end of the pool before we leave. If there is a spa to be filled as well it is up to the homeowner to start filling the spa as soon as the pool is full. I asked Ms. ****** how she filled the spa and was given conflicting answers. She said she used a hose, and also said she used the auto fill. When I questioned her again on how she filled the spa our conversation got disconnected. I called right back but only got her voice mail. I left her a message and asked her to return my call. I have not received a return call. My company will not re do the spa. Check cracking is a normal occurance and the surface of her spa meets all industry standards.

Consumer's Final Response
(The consumer indicated he/she DID NOT accept the response from the business.) The Owner ****** from Custom Pools is a real life Shyster- I will make sure I spread the word to all that I know regarding our negative experience-Shame on you ****** and your approach, and the way you attempt to twist people words and your-Poor Customer Service and poor treatment of your customers after the job has completed.You could have come and fixed by hot tub finish with little or no cost to yourself to make things right with us. I even have 3 friends that also need their pools resurfaced. The old "Tell a friend and they tell 3 friends and they tell 3 friends" in now in effect. Your behavior is despicable. Here is my review that I will post everywhere------------------- The owner ****** is a Real Piece of Work! Make sure you check your contract specifically to "Check Cracking" and have them explain upfront on what is "not their responsibility". They resurfaced our pool and it looks great but our attached hot tub looks horrible and has a crackle look which is " not their responsibility". ****** is rude and obnoxious. Don't trust him and be sure to write everything down. Including all of their work and pool filling processes to make sure it is done right. Shame on you Custom Pools.

BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.

12/19/2012 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Wrong product installed, severe damaged to property and damaged to pool pipes. Use of unlicensed sub-contractors and unable to provide licenses. Sales Rep: Ken Lewis Project Manager: Jeromy Fuller Company Owner: Roger Whaley Job started last week of April 2012 and was to remodel a swimming pool and deck. Job did not finish until end of July 2012 after many issues. Transpired that company is using unlicensed sub-contractors and introducing them as employees. Concrete poured for the deck was not the correct color, not the correct cut lines and, not the correct stamp pattern. Company refused to deliver the contractor license numbers of the sub-contractors and refuses give a final release and waiver of lien form as required by California Law. Concrete pouring damaged the booster pump lines under the concrete causing massive leaking of the pool water under the concrete deck. Company refuses to repair this item. Jacuzzi hottub was severely damaged during their moving of this item while job was being performed. Company refuses to pay for repair or replacement.

Desired Settlement: I am seeking a full refund of the entire monies paid. Under California Law if a sub-contractor is not licensed then no payment is required. I am also seeking full payment for the Jacuzzi hottub since this company had previously been warned to use professional movers to move this item but ignored this advise. I will be starting court proceeding but will allow them this route through the BBB to settle if they choose.

Business Response: Business' Initial Response
Contact Name and Title: ****** ****** President Contact Phone: XXX XXX-XXXX Contact Email: *****@aol.com All issues that Mr. ****** has mentioned have been addressed. My company does not use unlicensed contractors. At the time of Mr. ****** job the contractor he is speaking of was on my payroll. I have records to prove this. The concrete that we poured is the exact color that is on Mr. ****** contract. The Keystone Cantilver is also done as per the contract. A lien release was mailed to Mr. ******. If he has not received it, I will not issue another. He has filed a charge back with his credit card company. My company did not refuse to fix the booster pump lines. Mr. ****** would not agree to remove the concrete so that we can address the issue. Mr. ****** sent an e mail giving my company 12 hours to repsond to the issues with the spa. We missed his deadline by 1 working day. We are willing to repair these issues, but Mr. ****** will not allow us to. Although there have been issues with Mr. ****** job we have addressed each area and have done our best to satify him.

Consumer's Final Response
This is to confirm that all issues raised with ROW Custom Pools have now been resolved by the company to my full satisfaction. I consider this BBB dispute successfully closed.

BBB's Final Determination: Consumer accepted resolution offered by the business.

7/17/2012 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Company resurfaced pool and put in pebble-tec a year ago. Numerous rust spots developed. Company said it was covered but has not repaired. On or about July 2011 Custom Pool Plastering resurfaced our pool putting in pebble-tec sides and bottom. A few months after the resurface we noticed rust spots in various areas of the pool. We attempted to get rid of them by using a wire brush, but the rust spots kept coming back. On 5/1/12 my wife called and told them of the problem. Received a call back on 5/3/12 from Stefan Machado, the one who ran the job last year, stating they "will have to call the manufacturer and may have to have a diver come out and replace the stone but they know it's their problem and they will take care of it; he said it will be covered." Stefan said "there are other people with the same problems." Called Stefan again on 5/14/12 and left message to find out what the status is - did not receive any return call. Called Custom Pools main office on 5/22/12 - the woman who answered the phone said she "would pull our file and put it on Stefan's desk that same day." Talked to Andrea who identified herself as the co-owner on 5/30/12; Andrea said "she will have Stefan get back to us today." Daniel from Custom Pool Plastering called us back on 5/30/12 and told me that "Todd is the one he is trying to get in touch with to get the rust spots fixed and that Todd will be calling us." Called Daniel on 6/4/12 and told him that we have still not heard from Todd. Daniel said he would call Todd. On 6/5/12 called and spoke with Jennifer at Custom Pool Plastering who said "she would call Todd and call us back." She called and said she left a message with Todd on 6/5/12. On 6/6/12 Todd called and said that "he is going to look for a diver to come out to our house, they remove the particles of steel and wirebrush it to repair it." Todd said "give me a couple of weeks to find a diver." On 6/19/12 called Todd and left a message wondering what the status was. On 6/21/12 called and left a message with Todd saying "we are tired of waiting maybe we can fix it ourselves so how much do you pay a diver to fix it?" Todd called back and said "he pays a diver $150 to $300 to make the repair and that he will get back to me." On 6/27/12 I called and left message and Todd called back to say "he's still working on it." I told him "I think I can fix it so why don't you just send me a check?" Todd said "let me see what I can do, I will get back to you Thursday or Friday" which was 6/28 or 6/29. Todd did not return any calls. My wife called Custom Pool Plastering on 7/3/12 and talked to the woman who answered the phone, may have been Jennifer. My wife relayed all of the information to Jennifer about getting this issue resolved and Jennifer said "she would relay this to Roger, the owner." We still have not received a phone call from anyone. 12 phone calls to the company since 5/1/12 with no response or satisfaction has been very frustrating especially since they said it was their problem, it was covered and they were going to fix it.

Desired Settlement: Although quite challenging for me, I have worked on the rust spots over the past several weeks and based on what Todd told me they do to fix them, they seem better. However, I don't know if they will come back again and I can't rely on the company to fix or repair anything as they had promised. Since I was told by Todd that the cost to repair the rust spots would be in the range of $150 to $300, I'm requesting $300 to settle this issue.

Business Response: Business' Initial Response Contact Name and Title: ****** ****** President Contact Phone: XXX-XXX-XXXX Contact Email: *****@aol.com I spoke with Mr. ****** today. He is aware that this is an issue with my material company. My material company has been in touch with him, but unfortunately has not done a good job with follow up. I explained to Mr. ****** that I am aware of the material companys lack of communication. I am expecting a written explination from the material company today. I told Mr. ****** that I was sorry for his inconveniences and that I will stand behind my work. I will forward a copy of the letter I receive from the material company to Mr. ****** as soon as I recieve it. If the material company does not stand behind their product I will make this right with Mr. ******. I do want to give the company time to resolve their issues, as I know that this is a nation wide problem. I understand Mr. Peltiers frustration and he understood where I stand on this issue.

BBB's Final Determination: Business offered a partial (less than 100%) settlement which the consumer accepted

6/21/2012 Problems with Product/Service
6/1/2012 Guarantee/Warranty Issues
5/22/2012 Problems with Product/Service
1/23/2012 Problems with Product/Service
1/10/2012 Problems with Product/Service
12/9/2011 Problems with Product/Service
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