ComplaintsforTropical Haven Pool & Spa, LLC

• Initial Complaint

  06/17/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  Our contract was initiated on 10/7/2023, and the pool is still not complete. The owner struggled with permitting, with keeping any type of schedule or timeline, with the craftsmanship skill needed to do many parts of the job he insisted on doing himself, and with explaining how key elements would be created or look. Compromising or finding common ground was impossible - all interactions are dictated and directed by his emotional reactions. If you don't manage them for him, things go nowhere - he has threatened action that is illegal within his own contract, packed up and stormed off the jobsite, and requested meetings at his home. We had to fire him after threats to charge us retroactive fees and re-permit our project, and now we are stuck trying to get our money back and close a permit that he never paid for.

  Business response

  06/24/2024

  The contract was signed, and timelines were dictated in the document. As of writing this response, we would still be within those time constraints, not considering the stipulations as to why those timelines could be extended. Tropical Haven did have slight setbacks with permitting because the county was still backlogged with *********************** permits for homes without roofs and other safety issues outside Tropical Haven's control. Tropical Haven never threatened illegal action. This client did, however, threaten small claims court in order to have his plumbing moved after notifying him that a change order would have to be made, which he declined to sign. Tropical Haven proceeded with the signed contract when the change order was declined. Tropical Haven never stormed off this jobsite and never requested a meeting at the owner's home. Tropical Haven was removed from the permit and banned from the property before we could finish the contract. Most permitting and inspections fees were paid for. Lee county was in the process of moving a payment from a closed permit for the client to the pool permit issued to cover what was left. The money that "was never paid for" the client is referring to, was his own doing. See attachment where he was charged to take Tropical Haven off and resubmit on his own. See attachment for request to move permit finances to current working permit. Tropical Haven maintained and communicated contract completion but was never allowed to finish.

  Customer response

  06/24/2024

   
  Complaint: 21853692
  
  I am rejecting this response because:

  At last 4 different proposals were made to resolve the contract after THPS wanted to meet to find a pathway to finish.  All were ignored.  I will contact the BBB and provide the 16 page conplaint and documentation submittex to the **************** after they have completed mediation.

  Let me ask  the builder 2 things: 

  1. Can you demand payment on a Change Order months after the work was done, or is this just a threat to intimidate a customer?

  2.  If you charge for something, should proof be provided that it was purchased, like an invoice?

  Sincerely,
  
  *************************

  Business response

  07/05/2024

  Nothing was ignored, the proposals were never accepted by either party. When they weren't accepted, work defaulted back to the contract. When work defaulted back to the contract, Tropical Haven Pool and Spa was banned from the property, removed from the permit, and the client sent a termination notice on 06/14/2024, "Effective immediately, you are terminated from the job." 

  Customer response

  07/09/2024

   
  Complaint: 21853692
  
  I am rejecting this response because it leaves our important information that is attached:

  1. **** was removed from the permit because he threatened to submit re-engineered drawings and permits to the County as a method of retroactively applying Change Orders and charging us more money. This was done vindictively and out of hurt feelings.  He says this plainly in the document "Shaker Memorandum Engineering" that is attached.  He is not allowed to do this, per his own contract, but the threat was made directly, including the words, "This is not negotiable..."  Removing him from the contract was the only way to protect ourselves from unclear, illegal charges, and terminating was the result of weeks of non-response.  To continue to reply to nothing was futile, and only served ****'s disorganized work schedule.  

  2. The texts above show correspondence with the Regional Manager of ******************, ****'s primary supplier.  He is appalled by the workmanship and says plainly, "...that is not normal, He needs to fix it."  The Regional Manager tried to talk to **** and **** refused to communicate with us. The last text shows that we offered him access to the project when were going to be out-of-town, to complete the work, and **** ignored this.  The Regional Manager indicate that **** would reach out to my wife, and he never did - so, the offer was made, and he declined.  But this is consistent - when ****'s feelings are hurt, he will not respond for weeks at a time.

  3. The active complaint currently filed with the **** of Florida is attached and will highlight all of the major issues, including reference to documents that are available.  If the ** would like more, I can provide, but only 5 can currently be uploaded.

  
  Sincerely,
  
  *************************

• Initial Complaint

  07/19/2023

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Resolved

  More info

  The pool company was hired in August of 2022 to build a pool for **. Hurricane *** prevented the progress until May of 2023. The company has had three failed permit efforts for the City of ********** with the last permit failing on 7/14. The sales rep cannot be reached. The company's mail box is full and their ******** page is down. All signed point to corruption. I've paid the company over $33K at this time.

  Business response

  07/19/2023

  Contact was made with the client to discuss and satisfy concerns. The data in question that was provided to her was false. Contact was made with the permitting department in ********** to verify the status of the permit in question and is under review, not rejected. The project is good to go immediately after the permits are finalized.

  Customer response

  07/20/2023

   
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me at this time, however, the permit is still rejected as of today but *****************, the owner, has reached out and is remeding the situation. At this time 3 permit requests have still failed and the pool is not built. I will update accordingly in the near future. I also remain optimistic that ***************** is a man of his word and contractually will uphold our contract. 
  
  *******************************************

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