ComplaintsforYour Backyard Haven

• Initial Complaint

  10/04/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I am writing to inform you that “Your Backyard Heaven” business received an amount of $164,600 in 2022. The funds were received as payment for services rendered by "Your Backyard Heaven," who we hired to repair our swimming pool. The repair work was necessitated by major damage caused by ground water penetration. We received two cheques from the insurance company in the aforementioned amount, which we promptly cashed out. As per the agreed upon contract and payment structure, we then gave the funds to Jim, the project manager. We trusted Jim ** **** ***** that he would complete the work, however, after he received the payment he disappeared without completing the job. Furthermore, Jim has not been answering our calls or emails. Also blocks our number. There are many outstanding issues that need to be addressed, and we are hopeful that you can assist us in resolving this matter. Thank you for your attention to this matter.

  Business response

  10/04/2023

  **** & *****,

  You have completely neglected to mention the fact that the pool you purchased and agreed to in your contract with the insurance company and yourselves was installed last June of 2022 and was exactly what was in your contract after you decided to change the colour to Arctic Grey. We removed all the existing stone work and old pool shell that was part of the contract and installed the new Fibreglass pool 12ft x 32ft pool.
  The Day of the Install ***** your husband decided he didn’t like the pool and started ******* *** ******** at my installers and the crane operators because he claimed he wanted it deeper. That delayed everyone for 5 additional hours while you discussed with your husband. I have the written statements and the pictures of the pool installed.

  At that point we discussed it, then you and your husband ****** *** deliberated over the next 5 weeks changed your mind 4 times via email on keeping or changing the pool. Finally you decided you wanted a bigger 14ft pool that was deeper and longer.

  I informed you there would be additional charges for the removal, storage fees, re-excavation and installation to acomodate a bigger pool. I also told you we had to order the kit, and delays were inevitable, as we already had a full schedule last year and the kit had to be ordered.

  The pool was installed and we have delivered the hardscape stones but weather didn’t permit us to finish last year as you were well informed.
  You have made ********** changes to your project and we tried to cover as much as many expenses as we could without disappointing you but you keep demanding *** ******* that we facilitate all your extras at our own expense. *** ********* ******* ** **** ***** ** *** *** ******* *** **** **** **** ** **** **** *** ***** *** ** ***** ******** ****** *****

  **** and *****, We have spoken to you 6 times in the last 10 days and told you we are off today being Easter Monday but **** you still decided to call Ambyr twice today *** ******* *** ** ***** *** **** ****** *** **** ***** ** *** *** **** **** **** ***** **** *** *** ******
  ***** then called me as well again. 
  Last week I told you when the weather gets better as it’s been snowing and raining up until late last week April 6th, we will have to discuss  how we will move forward and cover all these extras.
  We have forwarded the invoice for all your changes to the insurance company but we will adjust the final hardscaping and remove certain items in order to account for your changes unless you decide on paying for these upgrades.
  We will contact you later this week via email to avoid confusion.

  Thank you

  
  

   

  Customer response

  12/04/2023

  Jim,

  You delivered the pool in June, but it did not meet our expectations. You informed us that you had another fiberglass pool available that was larger and deeper, but unfortunately, it had already been sold, so it was too late to bring it in. As a solution, you offered the vinyl pool.
  
  Regarding the extra payment that you requested, I want to clarify that when we met ** *** ****** ***** ***** clearly told you that we would not be paying extra. I expressed my desire for your work to make us happy, and we were under the impression that you would keep your promise. However, it seems that you used the money we paid ** ******** ********* *** * ********* *********
  You assured us that the backyard would be completed by 2022, but you did not fulfill that promise. Furthermore, you ignored our phone calls after receiving the second check and blocked both of our numbers. We had to resort to using a different phone to contact you.
  
  In our last conversation, you mentioned that we were expecting an update from you in early March regarding the project's start date. However, we have not received any communication from you. we have attempted to call you, but our phone numbers are on your phone block list.
  
  Yesterday, we received an invoice from you to pay, but we have not received any response regarding the damage that was done by your contractor, such as the gas line issue, the swimming pool not being straight, and the cover that was destroyed, which cost $25,000. Additionally, the shed needs to be replaced, and a lien was placed on our property because you did not pay your own sub- contractor. ** **** ******** *********** ************** ******* *** frustration due to your lack of communication and poor service.
  
  I read your response, which did not make sense to me. ** **** *** * **** ***** ****** ** ******** **** ********** ** ***** **** *** *** ****** ** ******* **** *** **** ****** ***** ** **** **** ** ******** ******** ** ******* *** ** ******** *** ******** *** *** **** *** ** *****
  
  We expect a formal response from you that addresses our concerns and provides a plan to rectify the situation. We are willing to work with you to find a resolution, but we expect clear communication and a commitment to resolving the issues that we have outlined.
  
  Sincerely

  Business response

  14/04/2023

  Hi ****,

  The pool in your contract was exactly the same size as to what you had 12ft x 32ft and was the same depth across the whole pool. We had the pool specifications and model in the contract, and I personally met and discussed with you and ***** in detail on several occasions, the size and dimensions of the pool, and showed you the pool model in the brochure, on line and in pictures. It was the same size and depth as your existing pool and was the pool approved by your insurance company who ultimately paid for everything.
  You then requested directly to our manufacturer to change your colour in order to speed up delivery times and installation of the pool, which we did.
  We delivered the pool in June and you and ***** after several hours of making us wait with the crane, our installers and the delivery truck on site, decided to have us install the pool, which is what we did. 
  The next day you told us to hold off completing the project so you could discuss it with *****.
  Weeks after the pool was placed and in your backyard, and going back and forth on keeping or changing the pool, you and ***** decided you wanted a bigger pool and deeper which I told you would cost considerably more to cover just the expenses of changing a pool after it’s already been installed. You both told me to do as much as I can to assist in keeping costs down.
  You looked at several pool models then you both decided you wanted a much bigger and deeper vinyl pool. I informed you at that time it would be very difficult to order the pool and have it delivered in that short time period. I also told you it was much more expensive and we would have to make adjustments in our schedule to have the new pool installed in the same year considering the Covid and manufacturing delays. I contacted our suppliers and we delivered and installed the pool in late fall of 2022. I was perfectly clear when I told you we will need to determine how to cover the expenses incurred. Both you and ***** ******** by several dozens of phones calls to me and our office staff, we finish everything in the original contract during the winter, and put you before our other scheduled clients, and we should pay for all your changes. The Pool was installed last year and the Hardscape has been delivered but as I’ve mentioned on several occasions we will either need the change orders paid for or we will need to deduct the expenses incurred so far from the original scope of project.  
  You will need to decide on either paying for the changes or deduction then we can determine what is left to be completed.

  In reference to this so called $25,000.00 you mentioned. The solar cover “clear deck” is what you had and was part of the pool that had to be demolished and removed as it was broken. 
  It was approved to be removed in the original contract and was over 15 years old. The gas line to the heater was capped as it always is for safety reasons prior to construction. 
  

  We have been more than willing to work with you but I will not accept any more ********* phone calls to my staff or myself and we are not covering your upgrades. 
  Let us know how you wish to cover these costs and we can determine what is left to be completed.

  Thank You.

  
  

   

   

  Customer response

  25/04/2023

  I am rejecting this response because:

  Your ********** ** work has caused us financial loss and more damage to our property. Your ********* to our issue and disregard for our calls *** **** ****** ** ********* ******, as this project has been dragged out for years. Furthermore, your failure to pay your own trade people has led to a lien on our house, *** **** **** ****** ** **** ** ******* ** ******** *** *** *******. *** ******** *** ********* * ******** *** ** your failure to repair and fulfill your contract. **** * ***** ******** - as per our agreement, you were supposed to deliver all the materials before receiving the second payment. However, we ******* ** ***** *** *** **** ***** *** gave you the second cheques. However, it's been several months now and I have only received stones that don't cover the full backyard and a kit. Despite this, we still paid you 95% of the total amount that we owed You. 
  
  We want to be clear that all we're expecting from you is the commencement date and time. ** ** ***** ******* **** ************ ** ***** ******** *** ********* ** *************** ** **** ***** ** *** **** ** *** ********* **** ** **** ***** ***** *** ****** ***** ** ******* *** *************** *** ********** **** **** *******. Additionally, Solar cover never been approved to be removed and was not damaged
  
  Sincerely,
  
  

  Business response

  26/04/2023

  **** and *****,
  You have suffered absolutely zero financial loss at this point *** *** ***** *** *** ***** *** ** ** **** **** *** ******* *** ***** ** *****
  ** ** ****** **** *** ******** **** *** *** ** *** ***** *** **** **** *********** ***** *** ****** ** *** **** ** ***** **** ******* *** ********* ******** *** ***** *** ** ** ** ******* *** *** *** *** *** *** ***************
  The project was delayed at your own request and you completely changed the scope of the project on several occasions. Delays caused by your changing the project as per the contract are not our responsibility.
  Again for the third time I ask how do you wish to deal with extra charges due to your changes. We will not cover any of your upgrades and neither will the insurance company.  
  We are willing to adjust the contract and make deductions in order to accommodate for these upgrades.

  Let us know

  Customer response

  27/04/2023

  
  I am rejecting this response because:

  Your previous statement is misleading and *********. ******** *** ************* *** *** ***** ** ** *** ** **** ** *********** **** **** *** ****** ** *** *** *** ** * ******* ** *** * **** ** *** ******** ** ******* *** ***** **** **** ** *** *** **** ****** **** ** ** *** **** ***** ** ******* *** * ****** ******** *** * ***** ***** ** ***** **** ***** ** ******** *** ************ *** *** *** *** ****** **** ** ********** ****
  
  Regarding the delay in the project, it is evident that you have failed to fulfill your obligations and are prolonging the issue. As we stated in our previous correspondence, we require a start date from you to complete the work you initiated. ************* ** ** **** ************** ** ****** **** **** ****** *** ************* ** **** *** **** *** ** ********
  If you are genuinely interested in resolving this matter, we suggest that you come and repair the damage you caused and fulfill your contractual obligations.
  
  Sincerely,
  

• Initial Complaint

  13/12/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I had the company install a fiberglass pool and in addition purchased a pool cover. The pool cover they provided cannot be used with my pool as it does not fit. I was told they would order one that would fit my pool specifically as it has a unique shape. I have not heard back from them since October. I spoke with Jim the owner and he was to call me back and never has. I've left numerous messages and follow up emails and have not heard back. I either want my proper pool cover or my money refunded $2542.50 with taxes. Thank you for your help, I hope to have a resolution soon.

  Business response

  15/01/2023

  I contacted the customer and we spoke the day before we received the complaint and I explained to her she has the original cover in her possession that she paid for that came with the pool. After we installed the pool, they had another company do the landscaping and now her cover in one area needs the straps adjusted because of how they had the landscaping completed. 
  

  she claims she wants a different type of cover that contours her pool exactly and we offered to have made for her but there is a backlog on covers and then we ran into the holiday season and manufacturers were closed down. We are currently on winter hours and no staff in the office right now. 
  

  I will contact the manufacturer again this week and respond accordingly but we will need the original cover returned/shipped back to us.

  We are currently in winter hours and she has my number to call me directly anytime. We will update her this coming week once we have answers from the manufacturer.

   

  thanks

   

  Customer response

  17/01/2023

  
  I am rejecting this response because: What Jim stated was not accurate.  The cover I have in my possession would not fit, regardless of who did the landscaping.  It is far too large and Jim confirmed that it would have to be adjusted to fit correctly (cut and re-sewn).  My understanding when I purchased the cover, was that it was to be specific to the pool and not a rectangular cover.  I did speak with Jim, and he was to let me know when I could expect the new cover.  I was expecting a call back first few weeks in January but have yet to receive a call.
  
  Sincerely,
  
  

  Business response

  17/01/2023

  *****,

  At no time did we ever tell you we would customize your cover for free. That never happened.

  The Pool Cover we shipped with the pool was given to you as a package deal and performs the exact same function the other cover would. We have absolutely No obligation to customize your cover for free without charging you the difference in pricing, but offered to do so anyway. 

  In your BBB complaint you made it sound like we took your money and didn’t deliver anything which is completely misleading. The cover we sent you works perfectly for that pool but you now want a customized cover that looks better costing us more money.

  like I mentioned I will let you know when to expect your cover as soon as I hear back from.

   Thanks

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