Ann Arbor Pool Builders - Warning
Are you thinking about contracting with Ann Arbor Pool Builders to build your swimming pool? Are you thinking about working with Phoenix Associates Land Syndicate?
Better read our story first.
Timeline and Overview
In October we signed a contract with Ann Arbor Pools (AAP) to build a gunite pool in our backyard. The contract clearly stated the price and specifications for the pool, but the AAP representative was unwilling to commit to a completion date in writing. We verbally agreed with the AAP rep that the target date for completion of the project would be Memorial Day (June 28) 2007. The contract required about 50% of the purchase price paid before work began, then about 45% paid when the concrete shell of the pool was completed. About 5% was due upon completion.
The excavation work and concrete shell were completed in 4Q 2006. AAP received our payments as required by the contract.
In the Spring of work began to complete the project. Progress was very slow. Memorial Day 2007 passed with the project incomplete. According to AAP, the major factors delaying the work on our pool were the weather (it was a rainy Spring) and the relatively high water table in our backyard (pumps were used to keep the pool interior as dry as possible).
In late-June a flurry of activity completed the Marcite (lining cement) and concrete deck around the pool. We were swiming by July 1. The heater went in mid- July. For safety reasons, we had to fill in deep, open trenches left by AAP.
As of Aug. 15, AAP has not done the final grade and they are trying to squeeze us for extra cash because they underestimated the fence costs. They want us to make up the difference ($1000) based on their estimate of 120 feet of fence. The blue print clearly states 139 feet of fence. The actual amount of fence needed is 142 feet. We have not yet reached an agreement with AAP on this matter.
Issues with Ann Arbor Pool Builders
and
Phoenix Associates Land Syndicate
Management Issues
In early April there was no work being done on our pool project. We contacted AAP about the project schedule, and learned that oversight for much of their work had passed to another company called
Phoenix Associates Land Syndicate based in Louisiana. This was a surpise since at no time prior to our inquiries in April had AAP ever mentioned that their business was connected with another management company.
A few observations about the Phoenix Associates Land Syndicate (Phoenix) representative:
- He apparently spends much time traveling between work sites and offices in several states.
- He was difficult to contact when we had questions.
- He was generally evasive about the work schedule and would not provide a completion date.
- By late June, he had become arrogant and rude when pressed for information about the project progress.
- He was of dismissive of promises made by the AAP rep who originally signed the contract.
Speaking with the local subcontractors working on the project, we learned that several delays to the project were caused by Phoenix:
- Payments were not released on time.
- Inspection visits and interior work were not coordinated with the homeowner.
- Required materials not delivered to the site on time.
In June AAP / Phoenix had four other pool projects in progress in addition to ours. It is very likely that this volume of business was simply too much for AAP / Phoenix to complete according to reasonable schedules.
Contract Issues
At contract initiation, we were not informed that AAP had a management or partnership agreement with Phoenix. We consider this very material information, and we would not have signed the contract if we had known this fact.
At contract initiation, we were promised by the AAP representative that the pool project would be completed by Memorial Day 2007. An oral contract is as binding as a written contract. AAP, with many years in the pool building business, was well aware of their capacity to complete our pool project in the specified timeframe. A swimming pool is only useful for a few months during the Summer. If we had known that the Memorial Day completion date was impossible and that it would be mid-Summer before the project was done, we would not have signed the contract.
Final Evaluation
When evaluating the success of any project, four interrelated factors that must be considered. We will address each of them for our pool building project with AAP / Phoenix.
Scope
Was the work required to construct the pool finished? NO as of Aug. 15.
Quality
Was the pool constructed according to the contract specifications and did it meet necessary inspections? YES
The local subcontractors did excellent work. The pride of craftmanship that AAP has shown for many years was evident.
Cost
Was the work done using the given budget? NO They failed to correctly estimate the fence costs. As of Aug. 15, the matter is unresolved.
Time
Was the project completed on time? NO
The actual completion date was more than 30 days later than the promised completion date. Since the project was highly time sensitive, the late completion is considered a major failure to deliver.
Would we recommend Ann Arbor Pool Builders? No, we would not recommend them. Ann Arbor Pool Builders was a local, family-owned business known for their quality workmanship and customer service. Their involvement with Phoenix Associates Land Syndicate has been a disaster.
- Phoenix project manager was unable (or unwilling) to communicate the project schedule to a customer.
- AAP / Phoenix held a customer's money for six months without completing the work on time.
- Key facts witheld from the customer at the contract initation.
- Rude and arrogant behavior from the Phoenix representative.
AAP / Phoenix need to remember the two Golden Rules of business:
1. The Customer is always right.
2. If the Customer isn't right, see Rule #1.
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