ComplaintsforLagoon Custom Pools

• Initial Complaint

  02/20/2023

  Complaint Type:

  Delivery Issues

  Status:

  Answered

  More info

  We hired *** Concrete/Lagoon Pools to construct a pool on Jan. 27, 2022. Their website says construction takes 2 to 4 months. Due to the complexity of our pool, they requested 6 to 9 months but stated we would be in the pool by end of summer. On July 29th, after multiple mistakes and delays, owner Kalan **** sent me a letter requesting 9 to 12 months. It is now Feb. 19th, 2023, and the pool is incomplete. All deadlines given to us have been missed. ***/Lagoon has been non-compliant with the contract since the start. For example, we were told that we would receive a 3D rendering of our pool. We still have not received that. We were told we would be given an architectural drawing of our pool. We still have not received that. The drawing submitted to the City of Tulsa was rejected, a situation I had to resolve with the city. The drawing on file does not exactly reflect the pool that they are building. Even their project manager, David, admits that he has no design to refer to help him in constructing our pool. They have made many mistakes on the pool and had to redo various parts of the project. I cannot fit all of what has happened into how many characters I have left. In short we are 13 months into a 9 month project. They refuse to provide a project plan with dates and deliverables even though I have asked repeatedly. I have various texts, emails, and Owner Kalan ****'s letter he sent me documenting these requests. At this time we have an unfinished inoperable pool with no dates as to when it will be completed.

  Business response

  03/08/2023

  Business Response /* (1000, 7, 2023/02/22) */ Thank you for reaching out to us. Regarding your complaint, building a custom multi level pool with a custom hot tub, custom tanning ledge, special order slide, with waterfalls, with water bowls, an automated fire pit, with an infloor cleaning system and built in stools five feet off of your house with no access takes time and your contract clearly states. Verbatum "Our goal is to complete your job in a timely manner while maintaining quality. We are dependent on the weather, subcontractors schedules and availability of materials." You changed/upgraded the design, the plaster, the deck, the slide, the stools, and the tile. These are all custom items and especially in our post covid timeframe all of them take time to arrive due to supply chain issues, in addition to the crazy weather we've experienced this year we're building a hole in the ground that's exposed to all of the elements. Upon checking on the progress of your pool we are only waiting on your stools that have been delayed due to supply chain issues which you were made aware of, which we have no control over. Moving one of your water bowls over a couple of inches and bolting down your slide after the deck contractor comes to view your stained deck area you don't like. Attempting to tie/damage my other company which has never done any work for you nor ever will reflects badly on you. *** Concrete has no connection to Lagoon Custom Pools. Consumer Response /* (3000, 9, 2023/02/23) */ (The consumer indicated he/she DID NOT accept the response from the business.) We did not change the slide. Read the contract. It specifically calls out the slide that is currently sitting unbolted on our deck. We did not change the tile. We changed aspects of the design because of Lagoon telling us that certain elements would not work that were previously agreed upon such as this location of the slide. This was not us changing our mind but Lagoon changing theirs. That is why I had you add to the contract the clause about allowing changes with no change fees, because Lagoon could not guarantee the design. All of this is in the contract and original emails between Lagoon and I. We did not change the stools. Your new project manager identified to us that the way the old project manager had built them was not the best. Our request, as specifically called out in the contract has always been the same. Lagoon suggested a better way to do it and we accepted your suggestion. Again, Lagoon changed their minds. We did not change the plaster. Again, the contract states client gets to choose the color of the plaster. That is what we have done. I clearly identified to your project manager that we did not wish to upgrade the plaster type and only wanted what was allowed for in the contract. I have those text messages if you would like them? Your project manager confirmed that what we chose was the allowed for plaster type. Again, I have all of that communication saved. We did not change the tanning ledge. In fact the tanning ledge was built incorrectly, an issue that we have chosen to let pass. It was not built to the size requested. Please see the texts from last week. Yes there have been weather delays. There would not have been supply chain issues if parts would have been ordered in a timely manner. Lagoon has known that a floor system and stools were needed for over a year. Let's talk about other issues that have caused delays - Your original design was rejected by The City Of Tulsa as it did not meet code. I had to work with them to get this corrected (I have those emails as well) You ordered the wrong equipment. The fire wall was not centered correctly. Lagoon had to take it apart and rebuild it. The pool was plumbed incorrectly. Your project manager had to correct that. The stools were not correct per Lagoon and had to be redone The rock that was always supposed to match, to the extent possible, our existing rock did not. More rock had to be ordered The fire bowl was not centered and has to be moved You used incorrect grout. That had to be removed and redone. The original grout used was not at our request but Lagoons decision. I have those texts as well if you would like them. The position of the slide had to be moved as it would not work where originally designed. I can keep going, but all of the above caused delays. No that is not all that the pool needs, please see the text messages between me and your project manager yesterday. Ghosting your client for four months reflects poorly on you. Changing the scope of our agreement reflects poorly on you. Getting the design wrong reflects poorly on you. Changing the timeline reflects poorly on you. Attempting to manipulate the facts reflects poorly on you. Not communicating with your client reflects poorly on you. Look, we can keep going back and forth if you would like. But I simply asked for one thing when I opened the BBB case. It's the same thing I have asked for since July, but you still have not provided. Provide me with a plan for completion with a completion date for when the project will be done. I don't understand why I can't get this from Lagoon. If the pool only lacks what you state above, why can't you give me a date. Give me a plan and a date and I will close the case. This presumes you meet the date provided. With all the above said, you still have not provided a completion for the project. When will this project be completed? Business Response /* (4000, 12, 2023/03/03) */ Normally this is where as a business you say something politically correct, but truth be told there are some customers who will never be happy. Consumer Response /* (4200, 14, 2023/03/02) */ Due to lack of responses from Lagoon and ongoing issues in our backyard, I have engaged legal counsel for this contract. BBB, you can close this case out as unresolved or whatever your process is. Now that a lawyer is involved, I will no longer be checking this case or responding to any further communications here.

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