As we did not like the paver and the riverrok color she chose , the sales manager told us we are free to change when we come back from our vacation.
The down payment $6,750.00 for the renovation of our Pool was made to The Company on dec. 10th 2013. The sales manager, ******* ******** suggested on the contract to choose the Noche paver and the Blue Opal to get a lagoon feeling to match with the lac. We told her right away that we like our pool blue and not the dirty color of the lac.As we were leaving the next day to New York, for our Christmas vacation,She told us not to worry, we would have plenty of time to make a final decision, We were between the Country classic and the Leonardo for the pavers and the Lucayan Blue for the color. Because of pricing, she advised me to discuss it with my wife and will call us in New york for our decision. We have the recorded details of the 2 phone calls she made to us in N.Y.on XX-XX XXXX, lasting 4 min., and on XX-XX XXXX, lasting 2 min. On both occasions, we made it clear to her that we wanted the Country classic pavers and the Lucayan Blue for the River Rok. On that phone call in Jan. 6th, she wanted before placing the order, to make sure about the country classic pavers, my wife reminded her also of the lucayan Blue, she even said to her," I know, I know,what your husband wants, the Lucayan Blue."The Country classic pavers were placed as agreed upon during our phone conversations with ******* , the sales Rep. After several weeks of delay, without any explication, the plastering of the pool was scheduled. The bond Kote was applied twice, the first applcation was washed out with the water from the lake and the rain,after more than 3 weeks delay following the first application. Useless to say the yard was a mess and the driveway was filled with trash, debris from the demolition, the ton of unused sand and gravels. it tooks a lot of phone calls and multiples e-mails to have the driveway cleaned up. While waiting, we made sure to remind them in writing via an e-mail to the Company's secretary of the Lucayan Blue river Rok. She said OK. I did not have any reason not to think otherwise as thinks went smoothly with the pavers, as agreed upon over the phone. The day of the plastering, my wife asked the workers,if they are putting the Lucayan blue, they said yes, the pool will be blue when filled up with water. I couldn't believe it when I saw the pool coming from my trip 2 days after the plastering. First of all, they could not start the pump as the chlorinator was leaking, their technician did not mount it properly. I saw right away , they did not apply the Lucayan Blue. The color of the pool was so dark that it did not match the color of the Blue opal they said they used nor any other standard color published in theCompany's website.I have complained to the company and even requested a meeting with the sales manager and the vice-president. They did not care. I had to go to the office to complain to the vice-president, who did not even offer to inspect the work done. Until to-day, nobody came to inspect the Job done.
I am very disappointed with the Swimming Pool by Ike Jr, Inc.I have always made my payments on time and in full. The Company does not seem to care if the customer is satisfied or not. They were supposed to supply and install Thin travertine on Risers from house access to deck area according to the written contract. Did they do it ? No. Any explanation? no. Without any written modification of the contract they only offer me to withhold $300.00 from the last payment. I was so fed up with them that I accepted to finish with that ordeal.
The Vice-President of the company explain to me that according to the contract, he does not have to do anything, as any change should be done in writing and signed by both parties involved. The sales rep. would have to create a change order and have me signed it. This is Nice!. in that case, I strongly feel that the Company has committed itself a breech of its own contract. They have changed the Noche pavers and replaced it with the Country classic pavers without creating a change order and without me signing it. Furthermore, they have committed what I think could be considered as Fraud. In a "so called" copy sent to me by the secretary the word "Noche" was scratched and replaced by country classic ,without my Initials, without my signature, my original contract does not have such changes. Obviously, they think they can do no wrong.
What I want from the Company is to do the right thing: They have to recognize they have made a mistake and they should be responsible for it. The Vice-president himself said it in our meeting at his office, "*******, the sales rep screwed up" . The Vice-President has offered to redo the job at cost with a credit of $1000.00. I sincerely think that a customer should not be penalized and pay for the Company's mistake . However, as my wife can not stand the color of the pool,we are willing to share in the expenses and and offered to pay $1750.00 , going halfway, to end this ordeal. So far, the company has not responded to our counter- offer.
In response to the BBB Claim by customer ********* complaint we offer the following explanations:
The customer went to Contract 12/6/13. At that time they had finalized all the options, added on additional work above the scope of work including a road rock installation for non concreted areas of the deck and removal of the existing deck. We picked color selections and homeowner's signed off on the selections at time of contract. Homeowner had not brought a check with him so we scheduled a meeting on 12/10/14 at their home for me to pick up the deposit check. Work was to start after the New Year because they were leaving for NY for the holidays.
On 12/10/13 I met with Mr. ********* at his home to pick up the check. When I got to the home Mr. ********* had been shopping over the weekend and wanted to change his selection of deck to the Leonardo Marble. I showed him pictures of the deck material and informed him that it would be an upgrade and he decided not to move ahead. He then mentioned changing to the
Country Classic Travertine and possibly switching to the Lucayan Blue River Rok. Mrs. ********* was not present for the meeting and had been delayed so I told the homeowner to discuss with her and let me know how they wanted to proceed. I forwarded pictures of the Blue Opal finish and the Leonardo Deck.
I received a call from Mrs. ********* right before they left town and said to go ahead with the Country Classic Deck instead of the noche.
After the holidays I called to confirm the deck selection with the homeowner's before I placed the order just to be sure that they still wanted the Country Classic material in lieu of the Noche. We did not have a discussion about the pool finish at that time. I explained to the customer on the phone that I needed to place the order to hold the materials so they would be available and he said to proceed. I changed the color selection sheet to reflect the Country Classic per the homeowner's direction. I was in no way trying to create a fraudulent situation. I followed their direction. I should not have accepted his verbal word. For that I am at fault.
The next conversation I had with the customer was the end of January when he called to inform me that he hired someone else to remove the pavers which was part of our contract and that he
It was already done and wanted a refund. I went ahead and gave the credit even though he was in breach of contract. This is the last time I had any contact with the customer until he called me up to advise me that the wrong pool finish was installed and that he wanted a meeting. He told me that he had sent an email to our office about Lucayan Blue In March but never contacted me to me directly. He did not contact me about the finish directly so I had nothing documented on the selection sheet to make a change.
During construction there are always issues that come up when you get into remodeling. Our project manager found a hollow bench in the spa and as a result the tile would not adhere. We
Had to go in and rebuild the spa bench and we did not charge the homeowner.
The workmanship on the job was never an issue for the homeowner's. There was a problem with the deck installer who would not complete the scope of the work by finishing the thin tile on the step risers. In order to not delay any further and complete the job the owner was issued a credit.
The owner of the company offered the $1,000 credit toward the new material installation which the homeowner finds unacceptable. Considering that he was in breach of contract when he had the pavers removed without consulting us which resulted in $1,032.00 loss to our contract we feel that the $1,000.00 is equitable and fair.
I the Vice President meet with the customer at my office to discuss his unhappiness with the color of the plaster finish of his pool which they signed off on in Materials Selection Sheet not contract. In our Contract it say no verbal agreements, we have never received anything in writing, or over the phone to my office confirming that they wanted to change the plaster material from blue opal to lucayan blue river rok. We do have email from the customer asking us to confirm the date of the lucayan blue plaster. because the blue opal is 70% lucayan blue and 30% emerald black and didn't mention "I want to confirm we are getting the color lucayan blue" my office manger didn't didn't realize they wanted a different color. That was when I said my office manager "may have made a mistake" Not my sales manger but its not something that is her fault she just didn't "catch a mistake". If the customer really wanted a different color they should have made that clear especially when having a $5,000.00+ pool finish installed. I had been to their house prior to the plaster installation to try to get it set up and talked to the customer for close to 1 hr and that was never brought up. I wanted them to be happy with there pool so I offered to get all my crews and myself to redo the plaster in Luacyan Blue River Rok (Estimated retail price with new step tiles around $6,000.00) for our true material and labor cost plus $1,000.00 credit which would bring the price under $3,000.00 which was my Second offer. The customer would not accept even though his wife wanted. That is our final offer.
As far as the rest of the issues I don't care about the credit as for the paver removal even though the customer performed the work out side of the contract with out getting it accepted I am not a criminal or un fair and will work with customers. The work was always performed by the highest of quality trades men in the pool industry. 95% of pool contractors use and have almost 90% of there work sub contracted out especially the top of the line Co's who have been in business for a 20 to 30+ year period. We had an issue with subcontractor who installed a Jandy E1 salt chlorinator that commonly leaks after installed which was repaired. A lot of salt cells can leak after install.
We have made an offer to the customer to replace the finish which we believe to be extremely fair. My sales Manager who has worked in our Co for several years and has worked in the pool industry for 25+ years. She is widely respected across the industry does a great detailed job with all of our customers and I believe with out a doubt that the customer never confirmed or made it clear that they wanted to switch to Luacyan Blue. I believe because the customer first came to me trying to argue that the Blue Opal River Rok was installed wrong and not the right color. They where not happy with the finish they had, we confirmed it was the right color through A SGM rep and the plaster crew who is a certified applicator of SGM. We would like to move ahead and would be willing to offer an additional $200 credit coming to $1,200.00 credit off whatever the true cost to redo the plaster is which I though would be around $3,000.00 and never has been confirmed. This is our last offer which I think is above and beyond what any contractor would offer being that the customer signed off on the color that he has and based on our contract terms.
As far a the step risers I explained to the customer that it couldn't not be done cause the cuts were to small less then 2" and also would look bad because it should stay painted stucco. I was at their house when I explained this to them in person. I credited them what we had charged them in our contract which was not detailed.