ComplaintsforInfinity Pool Construction, LLC

• Initial Complaint

  11/07/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  My wife and I contacted this business to build ** a pool (contract attached). We signed a contract with them and gave them a deposit. Then we decided not to build the pool and asked the owner if rather than having him refund the deposit (since no work had been started and no supplies had been bought for our job), if we could use the deposit for other construction work we might need at the home we are building. He suggested he (or his company) build us a fence, and we all agreed to use the deposit towards Infinity Pool building a fence.I met with the owner (Harley *********************** on August 2, 2022 to assess what was needed for the fence. He said he'd prepare an estimate for the fence and get back me ASAP. I traded multiple emails with Mr. ********************** over the past three months, asking for the estimate. However, I've not received any estimate from him, to date.Then a couple of weeks ago, after multiple attempts to reach Mr. *********************** he texted me and said he was out of town that week, and that he'd been waiting on an estimate to build the gates for our fence and he'd get back to me. That was the last correspondence I've gotten from Mr. ********************** and have I have sent multiple emails and texts, with no response. At this point, I'd like to just have our money returned, since Mr. ********************** has not provided an estimate for the work, has not bought supplies for our job, and has not responded after multiple attempts to reach him.

  

  Business response

  12/02/2022

  Good morning,

              This customer is attempting to breach a signed pool contract and we are not willing to refund him any funds, we are entitled to satisfy our contract sale price. We appreciate your patience and understanding in our response we are a small family-owned business that stays very busy.

   

  • What we have in this project so far.

  Pre-sale-

  • Planning & Pool proposal
  • Site visit with Salesperson

   

  Orig. contract signing date 11-17-2022

  • Travel Expenses to the site
  • Commission
  • Plot plans
  • Permit applications
  • Pool design
  • Pool equipment & Material ordered
  • Site visits

  Jan 30^th- Customer had us redesign Spa 25k upgrade

  • Redesigning and propose price

  March- (customer wanted to change the size of the pool again to cut cost)

  • Re-Designing pool contract customer now wanting to reduce cost

  April 8^th

  • We had the customer on schedule to start pool in April but, the builder was to far behind so the start date was pushed back
  • Customer decided to postpone this project to 2023

   

  May 23^rd Customers new home construction with his builder was 150k over budget

  Aug 2

  • Site Visit to review where we are at & how to move forward

   

  Sept- Current- We have gone to great lengths to find one of our licensed and insured subcontractors to build this custom fence. We have run into some hurdles attempting to get this fence due to supply chain shortages. Our main subcontractor is backed up by 6-8 weeks for on-site visits for a custom fence quote. This customer before writing this review has not even made an attempt to call the office, he was trying to contact the owner directly on his personal cell phone on separate occasions when he was involved in a car accident where he was out of commission and on the other occurrence, he was on a family vacation.

   

  In summary, we have had many challenges throughout the post-Covid construction shortages and have been booked up well over a year. We are very transparent with the timeline when selling our custom pool builds. We have a substantial amount of time and expenses involved in this project and we would still like to complete this project our customer is trying to back out of.

   

  Thank you for your time,

   

   

  See snip from out contract terms below-

   

  3. TERMINATION 

  a. If Customer terminates this contract after the Products have been ordered but installation has not begun, Customer agrees to pay Seller a sum equal to fifty (50%) percent (or cost of products ordered + 15%) of the Contract Price as liquidated damages, not as a penalty, for all costs associated with terminating this contract.   

  b. If Customer terminates this Contract after the installation has started, Customer shall pay Seller that portion of the Contract Price equal to the portion of the installation completed plus a sum equal to fifteen percent (15%) of the Contract Price as damages and administrative costs, not as a penalty, to demobilize from the project.   

  c. If a deposit has been paid, Seller shall be entitled to retain the deposit as partial satisfaction of the above amounts owed by Customer pursuant to this paragraph. 

  d. Thereafter, Seller is relieved from all other contractual duties, including all warranty work.   

   

   

   

  9. DISPUTE RESOLUTION: 

  a. The Customer and Seller agree that they will attempt in good faith to resolve all claims, controversies, or disputes arising out of or relating to this Contract or an alleged breach thereof by negotiation.  If a dispute cannot be resolved by negotiation, the Customer and Seller agree as a condition precedent to commencing a lawsuit or arbitration to submit the dispute to mediation under the Construction Mediation Rules of the American Arbitration Association. 

  b. In the event a claim, controversy, or dispute is not resolved by negotiation or mediation as described above, Seller and Customer agree that such matters shall be decided by binding arbitration in Mecklenburg County, ************** in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. 

  c. This Contract is subject to and shall be construed in accordance with the laws of the ***********************, excluding only its laws applicable to conflicts of laws. In the event any dispute shall arise directly or indirectly in connection with this Contract, the parties hereto jointly and severally, by signing this Contract, submit to the exclusive jurisdiction of the Courts of the ***********************, located in Mecklenburg County, **************, and agree that venue is proper in such court(s). 

  d. This section shall not be deemed a limitation of rights or remedies which Seller may have under Federal law, under state mechanics lien laws, or under applicable labor or material payment bonds unless such rights or remedies are expressly waives by the Seller. 

   

   

   

  Thank you,

   

   

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

• Initial Complaint

  12/14/2021

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Infinity Pools started with contract September 2020. They didn't start until February 2021 ending approximately May. Now the pool is said to be done and a month later end of June to be exact our inground vinyl liner pool was floating, it was like a water bed it was absolutely insane. They came out blamed us because we didn't have grass yet so we had it graded professionally landscaped with sod and some drainage We still have the problem. After the two days of rain last week the liner is floating again and we have to go out and buy a sump pump which I am doing now. What I would like is to get money back to have it finished by professionals. Please help us we have spent so much money we just cannot do anything more.

  

  Business response

  03/21/2022

  Infinity Pool Construction received notice several months after the pool was completed, that they had water behind their liner. There were no leaks or any negative drainage running towards the pool. However, the customer had astro turf improperly installed without the correct drainage. There was not an issue with the liner floating until this time. Upon inspection with the astro turf installed, the entire backyard was so soft from holding water you couldn't even walk on it. We advised the customer that the problem was that the astro turf was not properly installed, or didn't have the correct drainage underneath. We recommended them to have the astro turf professionally installed and/or have sod or grass seed installed to help with drainage and to absorb the water. The pool ran for a couple of months through many heavy rains without the first issue. The issue didn't arise until astro turf was installed. We had all of the proper grading needed to keep the water away from the pool. I cannot be held responsible for the work of homeowners and/or other contractors after we left. With that being said, there is still an unpaid balance of $1,942.88 that we have not received yet.

  Customer response

  03/22/2022

   
  Complaint: 16359499
  
  I am rejecting this response because:
  
  Sincerely,
  
  *******************************

  Customer response

  03/23/2022

  The main reason for infinity to come back to fix the liner with wrinkles and creases by stairs, concrete on ledge was uneven and coping that was not done right. This was agreed upon by **** and Harley.  They took off **** to assure they would be back in fall. They never came back with many many calls and messages, we now have spent thousands to make this right,  we did no grading to cause the ground to be a mess with water,  we took down  turf immediately, and still have a water under pool problem, but at this point we have paid to have 90 percent of this corrected. I want nothing from this company other than for them to know they did a terrible job.  And they never came back as promised so we hired other pool company's.

  

  Business response

  03/23/2022

  Customer stated in original complaint that they DID hire a grading company and had it landscaped and drainage. Now, they are stating that they didn't do any grading. As far as the wrinkles in the liner, it could've been an easy fix, but the water issue that arose several months after the install once the astro turf was installed needed to be corrected first, before we focused on fixing the wrinkles due to the fact that the water would just cause them to come back again.

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