ComplaintsforLuxury Pool Concepts

• Initial Complaint

  06/08/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Pool construction-50% deposit required at contract signing $51,987.50 paid 1/26/23. 40% required before pool is permitted to come off the truck $41,590.00 paid 3/22/23, 10% balance due upon project completion $10,397.50. We are more than 11 weeks into this pool project with no completion timeline. Construction under our agreement was estimated to take four weeks, "absent extensions by Contractor or unforeseen circumstances beyond the control of Contractor or Owner. Delays with installs should be expected." While we understand delays can happen, it is my belief that these delays are due to the failure of Luxury Pool Management to properly manage and order the correct materials and supplies for our project. There have been no weather delays. We have not received the level of service or communication that was sold to us during our sales consultation. We did not receive the following that we were told we would receive: 3D CAD consultation nor rendering, we did not see or approve the design schematic, a pre-construction meeting, an involved and present project manager, clear and constant communication. Many of the issues on our project could have been avoided or quickly resolved if someone from Luxury Pools was onsite to manage the project. In 11 weeks, our project manager has been on our property three times. I informed him of our dissatisfaction with our experience with Luxury on 3/22/23, it was clear from my conversation with him that he was not receiving correct or adequate information from Luxury management about our project. As a result of this internal lack of information sharing, the correct materials for our project were not ordered. The delays in work and progress have been numerous. I also contacted the owner 5/12, no resolution. He blames manufactures, suppliers and subs. We are still waiting for the correct materials to arrive and someone to put them in. We still cannot use our pool and our decking contractor cannot complete his work.

  Business response

  06/09/2023

  In response to the complaint received, Luxury Pool Concepts does agree that the timeframe of project completion has extended beyond what would be normal and customary for a project of this size and what was initially communicated to the customer as an estimated schedule.  Complications with product availability and relying on different manufacturers involved with a large construction project does vary.  As the customer has been advised on several occasions, the one point now that is preventing completion relates to the auto cover manufacturer and their equipment failure delaying shipment (See attachment “Coverstar email” from the manufacturer).  We are working to complete this project as soon as possible with only the highest level of quality. However, we would like to provide additional details regarding some customer statements in the complaint, see below:

   

  “We did not receive a 3D consultation/render” - Please see attached final revision 3D render, design and dated email approval.

  “We did not see or approve the design schematic” – Please see attached, dated customer email approving design

  “We did not receive a pre-construction meeting”-  Although customer attendance is not required at a pre-construction meeting as it is primarily for installation crews and management, we do offer for the customer to attend.  Please see attached, dated invitation to the pre-construction meeting which the customer states they were unable to attend.

   “We did not receive clear and constant communication” -Although we are always available for any questions or needs, a general project timeline is given at the time a contract is signed with updates on substantial items transmitted to the customer as necessary.  With dozens of customers and many projects ongoing, we would never set expectations of “constant communication”. 

  “Our project manager has been on our property three times” – A project manager role is a support position for work crews, materials, scheduling and logistics.  We would never communicate a project manager to be an “on site” position.

  “The correct materials for our project were not ordered” – All of the correct materials for this project were ordered.

  “We are still waiting for the correct materials to arrive” – This is true.  Refer again to “Coverstar Email” attachment.  We are unaware of any incorrect materials that arrived. 

  
  

  
  

  To reiterate, we are truly working to complete this project as soon as possible with only the highest level of quality, current photo of project attached.

   

  Regards,

  Luxury Pool Concepts

  Customer response

  06/20/2023

  ·         Luxury pools has caused unreasonable and unnecessary delays in the completion of our project far beyond the contractual agreement.

  ·         Luxury has failed to properly monitor and manage our project and as a result has not been able to respond to the correct materials being on site in a timely manner.

  ·         Luxury has failed, on more than one occasion, to order the correct materials for the auto cover that was requested by the homeowner causing unnecessary delays in project completion. Which as of this writing is still not complete.

  A none dated email from ****** ****** does not provide evidence that Luxury placed an order for the correct materials or when they ordered the materials.

  Incorrectly ordered materials are still on site.

  ·         We did not receive a 3D consultation/rendering.

  Luxury attached to their response a final revision 3D render, design and dated email approval. These drawings and the email chain are for paver stone decking. The email is not an approval, it is acknowledging that they finally got the dimensions of the deck correct after multiple revisions. Luxury was not hired to do the paver portion of this project because they would not provide an itemized quote for the project. Complete email chain attached.

  3D consultation and rendering of pool design did not occur.

  ·         We did not see or approve the design schematic.

  We were not provided the consultation or afforded the opportunity to select where our lighting, jets, or skimmers, drains, etc., were to be placed in the pool.

  Luxury claims the schematic was approved via the same email as the paver email. The schematic that was drawn and provided to the construction team was not approved by us. We did not see this drawing until the pool was delivered. See attached drawing.

  ·         We specifically asked to be a part of the pre-construction meeting and to have our decking company attend. Luxury was inflexible in rescheduling or holding the meeting via other means. See attached email.

  ·         “We would never set expectation of ‘constant communication’.” That is exactly what we were told we should expect to receive as a customer of Luxury during the sales consultation in January.

  ·         “We would never communicate a project manager to be an ‘on site’ position.” That is exactly what was communicated during the sales consultation in January.

  ·         Incorrectly ordered materials are still on site.

  ·         Luxury aware of missing or incorrect materials on 3/22/23, 4/13/23, 5/12/23.

  Business response

  06/20/2023

  Many of these claims were clearly proven false with the previous correspondence. 

  There were no incorrect parts ordered for this project.  Our professionally trained consultants would never make statements as customer claims.

  Coverstar ( the automatic pool cover manufacturer) has had manufacturing delays and have discussed these with the customer directly.  Other than that portion of the project, the construction is complete and customer has been able to use their pool.  We have other customers affected by this manufacturing delay unfortunately. 

  It is our understanding that this project is being completed within the next 48 hours by the auto cover manufacturer.

  Customer response

  06/21/2023

  
  Complaint: ********
  
  I am rejecting this response because: the business is responding with false statements. They have failed to provide honest and accurate responses to the complaints made. And once again are pushing blame amd responsibility to a company we are not under contract, nor in business with. Our project remains incomplete and our equipment is not functioning as Luxury claims. We are in week 13. Mis-ordered materials remain on our property that Luxury needs to discard. They are demonstrating a clear disregard for customer satisfaction, quality of work, integrity, and honesty.

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

  Business response

  06/28/2023

  After refuting with much evidence false claims made by the customer, we have no further response at this time other than we would NEVER begin a project without a signed design and approval.  We are vigorously working with ********* (largest auto cover manufacturer in the U.S.) who provides our customers with automatic pool covers and final installation for the utmost quality to complete the final phase.  We expect this final phase of the auto cover installation to take place within the next 5-7 business days or SOONER.  No "wrong parts" were ordered.  Delusional expectations that were never communicated by our company personnel which were stated in the customers original complaint may have added to their frustration.  We do apologize for delays beyond our control and with 60-80 satisfied pool customers provided for each year, we certainly strive for timely project completion without sacrificing quality.    

  Customer response

  07/01/2023

  
  Complaint: ********
  
  I am rejecting this response because:
  

  The claim that Luxury Pool Concepts has failed to complete the project per the contractual language has been confirmed by the business in all responses given. The fact remains, Luxury has still failed to complete the project.
  On January 25, 2023, Luxury authored a contract indicating the project would be completed in four weeks, contract attached to original complaint.
  On March 18, *** ******, Vice President of Luxury, wrote in the attached email, the project would be ready for the decking company to take over by the end of installation week.
  On June 20, Luxury wrote in this complaint response, the project would be complete by June 22.
  
  There has been no evidence provided to disprove the claim that wrong parts/materials were ordered. To satisfy/disprove the claim, you must provide the original purchase order(s) for the materials and parts, but you have not.
  The wrong materials Luxury continues to deny can be seen in the attached photos. Luxury claims ********* ordered the wrong roller causing a delay in the auto cover installation. ********* arrived without a new roller instead they had new material we had no knowledge about. ********* reclaims any parts/material they had ordered incorrectly with them, ********* did not take any parts/materials with them upon departure. The cover material that was ordered by Luxury was too large, it is the heap of material in the back of the photo. The lid in the grass, ordered by Luxury, is not the correct lid for our project, and the brackets in the box, ordered by Luxury, were not recommended for our decking material.
  
  There has been no evidence provided to disprove the claim that we did not see or approve the design schematic. To satisfy/disprove the claim, you must provide proof the schematic was approved, but you cannot because approval does not exist.
  The drawing Luxury is claiming as the approved design is not a schematic of the pool project, is it a realistic representation of a decking bid. The drawing does not provide the plumbing detail, electronic component detail, pool elevation, pool placement relative to the building, equipment pad placement, etc., necessary for the pool project build out. This is not the drawing Luxury provided to the installation crew for the pool project (actual unapproved schematic provided to installation crew attached in previous complainant response title “Project Schematic”). Luxury provided an email exchange regarding a bidding process for the decking portion of our project, “******** Paver Portion”. The portion of the email exchange they chose to provide only shows the dimensions of the decking were corrected on a redraw and new quote was requested, there is no language of approval or acceptance of the proposal. Regardless, the communication was not about the pool project, it was strictly about decking; Luxury was not hired for the decking portion of the project. Therefore, Luxury did NOT have a signed or approved design prior to beginning the project.
  
  Luxury has gone as far as to slander the complainant with accusations of delusion. You cannot have delusional expectations about statements Luxury did communicate in writing.  
  Written on the company’s website: From your first contact with us until the final walkthrough of your pool project, we cater to the customer every step of the way. Details matter! We provide regular communication with updates and information on your project. We understand your pool is a big investment and want you to feel comfortable with our team throughout the entire process. As a Christian-owned company, we maintain strong values of honesty, quality of service and total integrity with every customer, every time. ******************************* If Luxury would provide me this service and stand behind this statement we would not be going through this back and forth.
  
  I can accept that I may have had unrealistic expectations of a company that had been active under their current name less than six months when they began work on my project on March 21, 2023. *********************************************************** after dissolving their last pool business after 14 months. Other customers’ experiences have no merit in these complaints.
  
  Sincerely,
  
  ******** ********

  Business response

  07/12/2023

  This pool cover has been installed and ALL of the pool project work contracted to Luxury Pool Concepts is 100% complete.  We are now working to collect the balance due from the customer and are told that the decking contractor on the project is having trouble collecting their monies due as well.  Luxury Pool Concepts has completed the pool project.  

  Customer response

  07/16/2023

  
  Complaint: ********
  
  I am rejecting this response because:
  

  I do not agree that all the pool project work contracted to Luxury Pool Concepts is 100% complete as stated on July 12, 2023.
  It has been established and proven without legitimate refute or evidence that Luxury has not abided by the description of work as stated in the contract and therefore completion of work according to the contract at 100% is not possible.
  As stated in the complaint dated June 21, 2023, the pool equipment malfunction present since installation is persistent and unresolved by Luxury Pools.
  The rough grade of damaged yard has not started.
  

  “We are now working to collect the balance due from the customer and are told that the decking contractor on the project is having trouble collecting their monies due as well.”  
  This statement was made on July 12, 2023. Luxury sent the final payment information on July 13, 2023.
  As stated in the Luxury Pool Concepts Timeline attachment in the original complaint, Luxury’s numerous and unnecessary delays in project progress and failure to meet their contractual completion date, impeded the decking contractors from completing their work.  Luxury has no knowledge of the contract agreement between the complainant and decking company nor the payment arrangements.
  Another slanderous comment placed on record by the Christian based company laced with gossip, lies and insinuations. I’m sure Luxury Pools would not appreciate the complainant putting on record hearsay information about the company or its owner that would be defamatory.
  Shameful, unprofessional, and completely unnecessary.
  

  “Luxury Pool Concepts has completed the pool project.”
  The pool equipment malfunction present since installation is persistent and unresolved by Luxury Pools at the time Luxury made this claim.
  
  The only true statement in Luxury’s response is the pool cover has been installed. 
  

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

  Customer response

  07/20/2023

  The pool equipment malfunction present since installation is persistent and unresolved by Luxury Pools at the time Luxury made this claim.
  
  We have a leaking light conduit line that Luxury was made aware of April 25,2023. The project manager indicated several times they would replace the light gasket seal. They have never replaced the seal.

  Luxury installed three different ****** automation systems due to various “electrical issues”. The last system was installed on June 5, 2023. The system was set up, a software upgrade performed, and the equipment was connected to the automation system on June 16. Beginning June 20, the system began sending communication failure notifications and flow sensor alarms rendering the equipment inoperable. Oftentimes these communication losses are due to the system tripping the breaker. The breaker was replaced on July 15, but the failure happened again on July 16. 

  Business response

  07/31/2023

  Luxury Pool Concepts certainly warrants any workmanship provided and supports manufacturers warranties on the customers behalf as well.  Any leaks or electrical issues were not mentioned as you can see in the attachment message from customer agreeing to "send the check out" on July 13th.  Any subsequent service work or warranty work would be completed in accordance with the terms of the contract for the project requiring payment terms to be current.    Section IX of contract states "This warranty applies only when Owner has complied in full with the terms of this Agreement, including all payments due."    Project manager was unaware of ANY issues needing addressed when he was verbally told also that "the payment would be sent out".

  Unfortunately, Luxury Pool Concepts has been left with no other choice than to initiate legal recourse according to the terms of the contract.  We do also know that the customer on several occasions, has refused to identify herself affirmatively for delivery of documents by court personnel.  Luxury Pool Concepts feels it has exhausted all efforts to appease the customer and takes no pleasure in this difficult decision

  Customer response

  08/07/2023

  
  Complaint: ********
  
  I am rejecting this response because:

  Luxury Pools was reminded of the equipment failure and unfinished work in the continued email communications they did not include in the attachment (see attachment). On Sun, Jul 16, 2023 at 3:06 PM I replied to a reply to my inquiry about the final payment amount: Due to the unresolved equipment failure. I don't agree the project is complete. Nor has the rough grade been started or completed. Furthermore, the change order does not meet contractual requirements of mutual agreement prior to the start of work. Or that a change in contract price resulting in an increase must also be mutually agreed to. 
  Luxury replied all of your equipment is covered under the manufacturer’s warranty.  I am willing to connect you with our Hayward Rep, not something I always offer but if there are issues, he will be able to walk you through the steps to getting them resolved.  We do not make the equipment, or offer a warranty for it through our company or service team.  We simply install it & if there are issues with the brand new equipment that is under manufacturer warranty, that is the route you would take to resolve any issues after installation.  As for the electrical work for your project, please refer to your estimate which your contract was written from.  It states that that electrical work is within the scope of work for your project, not additional, and the cost is TBD and payable on the final installment. “electrician costs will be determined and a later date and due with final payment” We have completed our portion of the work as stated in your contract.
  Rough grading and the continued equipment failures were also discussed with the project manager in person on site July 10, he indicated rough grade would be completed when the materials were picked up, however, it was not completed. Communications with the project manager about equipment failure continued July 11, 13, 16 and 18. On July 18, Luxury stated they would not be coming back out to rough grade, they would not return to my job site to do anymore work as my job is complete. (see attachments) Luxury has not completed any rough grading at all on this project. 
  I never received an oral or written estimate of the electrical work as required by contract or Ohio Consumer Law as the amounts charged is over $5,000 and was not included in the total estimated cost of the contract.
  Final payment was sent to Luxury pools prior to the date of their recent response. Yet, Luxury has made no attempts to finish any subsequent service work or warranty work in accordance with the terms of the contract for the project.
  
  Sincerely,
  
  ******** ********

  Business response

  08/11/2023

  This customer HAS paid their balance due. Luxury Pool Concepts will reach out in the next 1-2 business days or before to asses any service issues relative to the construction of the project or would again assist them in the event it is a manufacturer's warranty issue. 

  Customer response

  08/17/2023

  
  Complaint: ********
  
  I am rejecting this response because:

  There is still the matter of the rough grade that Luxury has not completed on the project.
  
  Sincerely,
  
  ******** ********

  Customer response

  08/31/2023

  [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

  09/13/2023

  We feel at this point there is no need for arbitration as employees visited the site to address any  remaining issues.  In addition to correcting incorrect settings made within the automation software (after being left in correct positions during equipment explanation and training), we were able to assist customer with "grading complaints" above and beyond what we would normally consider any defects in finish grading with any of our projects. (complaintant pictures attached).  We were also glad to hear the customers statement that they had "been enjoying their pool the entire summer".  This is a beautiful project, as previously submitted pictures show and under full warranty and will last for many years to come given adequate maintenance.  

   

  Customer response

  09/14/2023

  
  Complaint: ********
  
  I am rejecting this response because: I wish to proceed with arbitration. 

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

  Customer response

  09/16/2023

  The **** manufacturer, *******, recommended the tripping breaker believed to be causing the continued loss of communication alarms on the **** system should be changed to a manufacture recommended brand in July.  Luxury sent the electrician to replace the breaker on Friday, September 8.
  Luxury arrived on my project September 12, 2023, to work on the **** system due to the continued problem with the flow sensor. The settings they “corrected” were set by a ******* technician who reprogramed the **** system and set it up at the recommended specifications for my equipment to functional efficiently.  The flow sensor problem issue remains a problem as we have had daily alarms since that date.
  Luxury did not assist me with rough grading complaints as Luxury had not completed any rough grading at all on my project to complain about, that was the complaint. Luxury did finally perform some form of rough grading while on site September 12, with shovels. The photos provided are not mine as stated, but show Luxury waited more than 22 weeks from when those tracks were made to address them, now concealed by grass, and weed growth. 
  The leaking light they failed to mention was never fixed, and Luxury made no attempt to replace the O-rings while on site September 12. During this visit, they identified a different light believed to be leaking (this is the 3rd out of four). ******* is willing to replace the O-rings but needs to know which light properly and definitively is leaking.
  I’m fine to close the complaint noting Luxury has refused the request for arbitration though their contract has an arbitration clause.

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