ComplaintsforUnique Pools & Designs, Inc.

• Initial Complaint

  04/11/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  We contracted with Unique Pools ********, ** on 10/15/2021 for a pool which included the excavation, pool equipment, decking, cage, etc. for 86k+. The initial contract included 2 white pool lights. We requested an upgrade to changeable color lights and on 5/9/2022 signed and paid to make that change. The pool has been paid in full.In July of 2022 the pool was filled with water and the equipment could be programmed by their subcontractor. The lights would not change from the controller remote and it is difficult from the Hayward control unit. Unique Pools has been informed by me on several occasions verbally and via email that the lights would not work as advertised and I was promised action would be taken to correct the problem. To date, 9 months since first being reported to Unique pools, the colored lights control situation is unresolved. As a note, both the Pinch a ***** and a ******* service rep have indicated the current configuration will not work.Next, our contractual agreement called out an Equipment Pad 3'x7' as a line item. Without approval, Unique Pools deviated from our written agreement and installed two 33 by 36 pads directly onto unsupported dirt. I later learned from a Unique Pools worker that he just forgot to frame out the pad so this was their solution. The two pads will settle at different rates eventually causing the connecting PVC piping stress, pipe breaks and equipment problems.The two concrete pads should be replaced with a 3 by 7 Equipment Pad, per the contract, doing whatever it takes to ensure that all pool equipment is carefully removed, fully reinstalled and operational after completion. All work should be permitted as required by Manatee County.

  Business response

  04/25/2023

  At the end of the job **************** Gave us a list of punch list ( ***** items ).  We have been working on them ever since.  However, some are Major equipment manufacturer related and we can not do much about it as no one including the homeowner can do anything to expedite them.  All  we can tell you as our defense is that we are fighting with the equipment manufacturer to either fix the problem or give us an alternative product that will do what they advertise and our customer demand.

  Customer response

  04/28/2023

   
  Complaint: 19916932
  
  I am rejecting this response because:

  This complaint is not about a punch list of minor problems.  The complaint highlights two cases where Unique Pools (UP) did not meet contractual requirements.  

  Color light issue:  In a heated conversation with *************************** of UP, he told me that UP had installed this configuration with 99 other customers and was afraid he would have to fix all of them at a cost of 160K if he fixed ours.  UP was well aware that the color light upgrade and pool automation would not work together when it was sold to us.  We paid $1000 for the color light upgrade and want that refunded.  The color lights will remain.  The refund will cover a portion of the cost for a pool automation upgrade.

  Equipment pad: *** response conveniently ignores their non-compliance with our contract for the pool equipment pad replacement detailed in the initial complaint.  Their mistake could have been fixed when discovered but UP chose a cheaper and unreliable solution.  This is an imminent problem that will cause damage to several pieces of expensive pool equipment should the piping break.  We are requesting a refund of $3500 to rectify.  We believe this estimate to be on the low side, but want it done right.  The contract is attached and Page 2 has the Equipment Pad line item.

   UP mentioned the  punch list.  We want an additional $1000 refund to address the unworked punch list issues ranging from pool cage structural issues to items as simple as PVC fittings for the venturi tube cap.  UP is not responding to emails and has not contacted us in months.  They are clearly not working on our issues.

  In summary,  UP lacks the necessary customer commitment to address  the contract and punch list issues as they have demonstrated over the last 9+ months.  Accordingly, we request a $5500 refund comprising  $1000 for the colored lighting, $3500 for the equipment pad replacement and $1000 for unworked punch list items.  We will get them done.

  All we want is what we contracted and paid for in full; a finished, fully functional and reliable pool.
  
  Sincerely,
  
  *********************

  Business response

  05/10/2023

  Color light issue:  Yes, it is true that we have installed the exact same units in over 100 swimming pools built in the past; however, we do not have even one complaint with those 99 installed. Therefore, why would we tell **************** that we are afraid of having to replace the other 99.  Beside if there is a problem with any new manufactured product, the manufacturer and only the manufacturer is responsible for replacement and/or recall and not the distributor, retail store or the installer. 

  Equipment Pad: **************** accuses our company, ignoring our non-compliance with our contract.  Our contract call for a 3'x7' equipment pad. These pads in some cases are poured and in most cases are concrete equipment pads that are pre poured manufactured, and ready to install.  They are just as heavy duty as poured ones.  They are accepted by the state and all cities and counties in ****************.  All of the inspection on this job has passed and the " CERTIFICATE OF COMPLETION " has been issued.  If anything was not done according to the state or Manatee County, the inspector would have failed the inspection.

  The reason we brought up the 12 items punch list is for you to know, that everything that was possible for us to correct, we have done so; however, it seems that the list keep growing specially in areas, that the manufacturer may need to get involved.  However, according to ****************, what is a complaint to a multi billion dollars manufacturer.  

   

   

  Customer response

  05/14/2023

   
  Complaint: 19916932
  
  I am rejecting this response because:

  It appears we have reached an impasse in our dispute.

  
  Here are the facts.

  
  No one disputes that the lights do not work as promised.  Unique Pool & Design (UP) has not provided any evidence they contacted ******* and an open case exists regarding this issue.  But even if one exists, our vendor is  UP,  and  they misrepresented their expertise to make multi-colored lights work in a pool just like they claim ******* did to them.  Return the $1000 paid for the upgrade that has never worked and I will fix the problem.

  
  Curiously, Ive been talking to another UP customer who lives close by and they say their colored lights never worked either.

  
  No one disputes that the contract calls for a single 3 x 7 equipment pad. The contract is very clear.   No exceptions to the contract are made for whatever a Manatee County inspector will accept.  I would never have done business with any pool builder that suggested 2 separate pads laid on dirt be the foundation for 10+K of equipment.  UP doubled down on their project managers'   (*********************) oversight and chose to install a sub standard solution when we purchased the standard without informing me..   I am willing to settle for $3500 which is a bargain price and I will fix the problems left behind.

  
  In *** first response they said, regarding the punch list,  We have been working on them ever since, in their last response they said that everything that was possible for us to correct, we have done so.  Neither statement is true.  Besides the two contract issues there are others that could easily have been addressed.  Ill leave these for the mediation/arbitration professional to weigh. I have had to fix some of these myself because it was clear that UP never would and you cant wait forever.  Those costs are included in the $1000 requested and I will fix the remaining problems.

  
  The  contract says that we will now move to mediation/arbitration and I am ready to do that.  If I have not heard from *** licensed mediation/arbitration professional by June 16, 2023 to set a date to resolve this dispute I will assume that UP is waiving this option and I will explore other remedies. 

  
  All we want is what we contracted and paid for in full; a finished, fully functional, reliable and maintainable pool.  As of today, we do not have one!
  
  

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

  Business response

  05/24/2023

   

  We have contacted the manufacturer through their distribution center in ******** from day one after **************** Notified us..  We have communicated this fact with **************** and now that he claims we have never done so, we'll be asking them to either contact **************** directly, or give us a letter saying so.  All of the equipment including the the lights are on a remote control in which were programmed by the manufacturer certified programmer and they do turn on and off,  We called them and sent them back twice to see what it is that **************** complains that does not work.  Their report was to replace the lights and see if there is a problem with the lights.  We then hired another certified programmer to do so and he visited with **************** to replace the lights and re-program the remote control. We then stopped since he filed this complain.

  Customer response

  05/30/2023

   
  Complaint: 19916932
  
  I am rejecting this response because:

  The response is rejected because ********************************************************************************************************* my previous responses.  The only solution UP has offered is to be vindictive as indicated in their last response.

  Ive had some time to get detailed estimates for the lighting and equipment pad replacement that are in non-compliance with the contract as well as a detailed understanding of the lighting mess that Unique Pools and Designs, LLC (UP) created.

  Lighting:  The Pentair lights that UP installed in an all Hayward system have a fitting that will not accommodate a Hayward light retrofit.  The Pentair, and even the Hayward, color led lights are not meant to work with the ancient  analog RF pool automation (Aqua Plus) that UP installed.  The solution is to replace the color lights with another brand that fits the Pentair niche and works with upgraded Hayward 21st century pool control automation.  I have attached the estimate from a knowledgeable vendor that has evaluated my situation totaling $3391.48. 

  Equipment Pad:  Ive attached an estimate for $1700 to fix this.  Ive yet to go over this with the vendor, so it will most likely go up.  I am also adding $300 for the landscaping that will need to be removed and replanted around my equipment for construction access.
  
  Punch List.  As an example of promises made and broken by UP, Ive attached an email from ********************* indicating he would fix the cage issue and install Hayward lights dated 02/15/23 .  In ****************************************************** they have not.  I am not surprised.  A month ago I called 2 random cage companies and both were able to come within 10 days.  The lights were never replaced either.  Again, surprise!   I had the cage fixed and that is part of the $1000 Im seeking for that repair plus the other unfinished items.

  All totaled, I am now revising our requested refund to $6391.48.  $3391.48 to fix the lighting, $1700 equipment pad, $300 landscape removal/reinstall and $1000 for the punch list.

  No contact from a mediator to date, June 16th, 2023 is approaching.

  All we want is what we contracted and paid for in full; a finished, fully functional, reliable and maintainable pool. 

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

  Customer response

  06/16/2023

  [A default letter is provided here which indicates your acceptance of Mediation. 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 Mediation is necessary.

  Regards,

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

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