Complaint Review: NEW IMAGE POOLS AND SPAS - MARGATE Florida

In response to the complaint filed by "Cprp", I would like to offer the following. I did enter into a contract with the customer on december 30, 2005 for a 20' X 35' free form pool and spa. After the plans were drawn and sent to the customer, ther was a difference in the amount of linealfootage that the customer had been charged for. At that time, the amount over charged was issued back to thecustomer, which he agreed to and signed for. After the pool was dug and the steel was installed, the customer brought up the issue again, and asked the question, "DO you think my pool is big enough?" I told him that now wasn't the time to ask this question and at that time I told him if he wanted to make a change ther would be additional charges for plan and city revisions, as well as charges for labor and material. This is standard in any business, if changes were to be made after the project is underway. At that time, he decided not to make the changes, we then proceded with the construction of the pool. Over the next two months of construction everything went well, as planned. I completed phases and the customer paid his scheduled payments as requested and per the contract with out any issues. Our contract states that the plaster payment (final payment) is to be paid the day of plaster. I have never enforced this time frame and always request the fial payment approxomatly ten days after filling the pool, so the customer and my staff can get together and get punch out issues taken care of. I followed the same procedure with this customer and when I asked for final payment he stated that he would not pay until the final inspections were completed. I had no other choice but to go that route due to the fact he had the leverage, he had my money. Some of the pool finals involve the home owner getting inspections, such as fence finals and landscaping.The fence did not get approved until five months later, customer still not paid. At that time I reqested my final payment and he came back with the same issue of the pool size (again!), as well as a couple of warrenty items. I issued him in writing that I would be glad to come out and take care of the warrenty items in exchange for his long over due final payment. His reponse was to make a parcial payment and one third as compensation for "poor design in which now I have to live with and look at everytime I go into the pool." He also stated that if I choose to challenge this option he would be more than happy to go to court for mental anguish! This customer has left me no other option than to use the service of a collection agency. I have been in the pool construction industry for 28 years and have owned and operated New Image Pools and Spas for 18 years. During this time I have found that if you give customers a good product in a timely fashion, along with personal attention to each project, the vast majority truly appreciate your efforts and show that appreciation. They refer friends and family, contract for a second and maybe third pool, as well as pay for the beautiful ammenity that has been installed in the backyard. On the flip side, there are always the small percentage,that will find any reason to not meet their finacial responsibilitys. Mr. Prickett has a beautiful pool and spa in his yard in which I am sure he and his family use and enjoy, while thinking he got at least part of it for free. Anyone who has doubts about New Image Pools and Spas, you can contact me personally any day of the week from 6:00 a.m. to 4:00 p.m. @ 954-978-0228 Most Sincerely Steve Miller President, Owner New Image Pools and Spas