Salesman Rod Thomson entered our home on July 30 to sell us a pool. We ordered a game pool (3 feet to 5 feet to 4 feet). He went over certain items on the contract and also the drawing of where the pool was going to be placed, along with the depths.
There was a question about excavation. Rod told us if we could get approval from the city to go through our back wall, the price would be significantly lower (approximately $4,700 - $5,000) as opposed to going through the side of the house.
The reason for this was the equipment rental and labor costs involved in excavating through a smaller space. We said we would definitely try to get that approval. (We were in fact able to secure permission from the City of Fontana to go through the back wall).
However, we were told by Rod that Blue Haven is so good with their customers that they make it a rule NEVER to come back and ask for more money, unless they find a car during excavation so he was going to put the higher cost on the contract the cost it would be if we didn't get city approval to go through the back wall that way if we didn't get the approval, Blue Haven wouldn't have to come back and ask us for more money.
So, the contract was based on the excavation going through the side fence (noted as fencing in the contract). Traci signed the contract and the drawing. Because we were able to get city approval to excavate through the back wall, we relied on the payment structure that was given to us (and signed by Traci) the day of excavation, as we assumed that was the final amount we owed.
It is not the homeowner's responsibility to double check Blue Haven's work. And, if mistakes are made it is definitely not the homeowner's responsibility to suffer the consequences and pay for the damages.
Blue Haven Complaint Letter
2-2-2-2
THE ENSUING ERRORS
Numerous errors have occurred since excavation all the fault of Blue Haven or their contractors yet they have attempted to bully, charge, and blame us for their mistakes. We have been forced to accept a pool we are not happy with, and we are now being told that due to yet another mistake by Rod we owe Blue Haven an additional $5,980.95, and they refuse to complete our pool until we pay the amount in dispute. Below is a list of Blue Haven errors that have caused us undue stress, anxiety and severe disappointment:
We ordered a game pool. Blue Haven dug a regular 3' 6' pool because Rod wrote up the order BOTH as a game pool and a regular pool. Neither the construction office nor the sales office identified this huge discrepancy and ended up digging the wrong pool.
When we confronted Blue Haven with this mistake we were told that it was our fault because we signed the contract, and that they were not going to do anything to try and rectify the problem they had caused us. They told us they didn't care if we sued them because they had an entire floor of lawyers.
After three weeks of calling various Blue Haven employees and pursing our right to the pool we ordered, we finally found Sergio, who said he could fix the problem. So, more steel was added, the plumbing was relocated and more gunnite was poured. However, the depths still are not correct and we have expressed our dissatisfaction.
Rod never told us that when the trenches were dug that Blue Haven would not pay to have our entire side concrete removed which would result in a different color concrete stripe going down our side yard once decking was complete. We were not given the advance notice that we would have to request this during trenching even at our cost. Had we known, we would have saved the money to have the entire concrete removed and replaced, to eliminate the ugly stripe.
Rod told us that the indoor spa control HAD to be at the far end of our family room, otherwise our concrete patio would have to be cut into for the cable. The night before the electrician came to install the control Wayne told him we ideally wanted the control in the kitchen next to the sliding glass door. The electrician said no problem.
When the electrician showed up he asked Traci where she wanted the control (never disclosed the fact that he was given an order where to put it). Traci explained what Rod had told them, and said that she would like the control as close to the slider as possible without having to cut the concrete. The electrician said he could put it on the other side of the window in the family room, which he did.
After installation, Traci went outside to find that the cable never went into the concrete it was installed along the house there was never an issue of the concrete having to be cut. So, we had to have the electrician move the control, thus leaving an ugly hole in our wall that we now have to fix.
Blue Haven Complaint Letter
3-3-3-3
The decking crew left two spots undone. It took three weeks to get them back to fix it.
It took two weeks to get the clean up crew out to clean the yard, and the job they did was nominal at best.in fact, they left a large amount of dark black tire marks all over our driveway which needs to be cleaned by Blue Haven.
We were promised that our pool would be completed by January 17. It is now February 11.
Communication with Blue Haven has been very difficult at all times. Customer service is almost non-existent. We have done so much to keep the process flowing, we feel we should be getting paid a salary.
And the biggest error of all. Just as we thought we were ending the long and painful journey to the completion of our pool, Traci gets a call from Arlene on January 25 stating that Rod made yet another mistake, this time with his math.
Apparently, he added the payment structure wrong and Traci was told that we owe Blue Haven another $1,868.65 ($1,200 plus $668.65). Traci said she was not paying for another Blue Haven mistake - We were going off the payment schedule that was reflected in both the contract and the addendum she signed at excavation. Traci immediately requested a meeting with construction and sales.
Of course, we didn't hear a thing from Blue Haven until Wayne called and spoke with Jesse on February 3. Jesse assured Wayne that the payment structure we signed at excavation was what Blue Haven had to accept from us it had to stick and that he would make sure we had our plaster done by Tuesday, February 7.
On Monday, February 6, Jesse called Wayne and told him that we owe an additional $5,980.95 and that we would not get our plaster until we paid that amount to Blue Haven. How it went from $1,868.65 to $5,980.95 is beyond me.
Well, actually we have our suspicions it appears as though Blue Haven saw an opportunity to wrong us yet again and they took it. They took the amount we would have paid had we not excavated through our back wall and decided that they could squeeze more money out of us in order to make up for the extra money they put up to fix their depth mistake.
We asked Arlene for the second time to set up a meeting and also to fax in writing the amount they claimed we owe. It took four days to get the fax. Arlene was telling Traci that the accounting department had our file and was working on the figures. When Traci called the accounting department she was told that our file was, and has been, with construction. It took two weeks to get a meeting scheduled for Tuesday, February 14.
Blue Haven Complaint Letter
4-4-4-4
Issues of concern:
Blue Haven had at LEAST TWO opportunities to check Rod's math before any payments were received in accounting when Blue Haven first received our paperwork and when the payment addendum was created. Monetary figures are of key importance in any transaction, and checking accuracy of numbers is just one of the many responsibilities Blue Haven has to its customers. This error should have NEVER occurred. Blue Haven failed at BOTH opportunities, yet have the nerve to hold our plaster hostage for the disputed amount due to their mistake.
Arlene told Traci that accounting had known about the math error upon receiving our first payment they just thought we were short on our payments. So finally the error is discovered, yet Blue Haven decides to wait until our plaster to bring it up. Blue Haven had a responsibility to let their customer know about the error and give them time to work it out, yet they FAILED AGAIN.
The fact that we have been treated so horribly; the fact that we have an unfinished pool that is unacceptable to us due to Rod's error and Blue Haven's simple attempt to fix it; the fact that this experience has caused us so much stress and anxiety we are baffled that Blue Haven has the nerve to bully us by threatening the finishing of our pool based on a monetary error on their part.
If anything, Blue Haven should take that disputed amount as a loss and the cost of doing business and, for that matter, as an apology for all of the grief and heartache they have caused us.
Regards,
Wayne
Fontana, California
U.S.A.
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