Menu
Home>Levelset Community>Legal Help>My pool contractor wants to cancel the job but I don’t

My pool contractor wants to cancel the job but I don’t

OhioConstruction Contract

Agreement signed 5/7/20, at which time I paid 10% deposit and pursued a loan. Full contract price is $85,000 and includes fiberglass pool, salt water system, heat pump, fencing, concrete, and grass seed. On 5/22, company called me to state they were having issues with a base option I chose and recommended going with tile coping (the perimeter) rather than concrete. The cost was $5,000 more and they said they would split the amount to get us the right build. I appreciated the cost sharing but was concerned about the additional cost. Company stated they would reduce my concrete a bit and get close to original budget. Stated new rendering by Tuesday 5/26. I followed up Friday 5/29 via email when I hadn’t seen the new drawing and budget. I followed up again via both email and phone 6/12. Office manager called me 6/12 and stated they were waiting on the permit. She didn’t apologize when I expressed concern about lack of communication and lack of permit. She and I connected again Tuesday 6/16 when she said she heard from county and they needed more info for permit. They still didn’t have a drawing and we were drawing near the date I was led to expect project would start. I was upset, at times in tears. I was also clapping back at her aggressive tone and comments. She stated she needed another 10% and I said I didn’t feel comfortable doing that until I had the drawing that was overdue. She got angry and said the company didn’t want to work with me because this was a bad start. At first I was reluctant, but ended up agreeing to refund of deposit less $1,000 permit cost. I said I would need a receipt of actual costs and a letter that stated no obligations for either party. She said they don’t need to supply a receipt. I sobbed when we hung up. I really want a pool! I emailed owner to request we continue the contract as executed. President of company called today 6/19 to say no - too much risk that job would be miserable. He said he knew how people like me will act when inevitable construction issues occur, but I just want good communication. President of company states the most he will do is install the pool. I would need to arrange concrete, fencing and grading. Otherwise he’d cancel and keep $1,000. I don’t want to modify the contract. They are an expensive company and I chose them because they project manage all components. Can they do this when we already have an executed agreement? Can they keep $1,000 without itemized costs with receipts? I’m prepared to move forward amicably, but they are digging in their heels to cancel. I think the real reason is that I am in their secondary market Cincinnati and they have jobs in primary market Columbus they’d rather do. Otherwise this feels nonsensical. Just apologize and get the drawing to me. What options do I have to avoid monetary harm and avoid not getting a pool this summer? Thank you! Megan

0 replies