Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:06/08/2022

  Type:Service or Repair Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  In April of 2021 we signed a contract with Gilkey Pools to have an inground pool installed. We were told that we were the 3rd pool on their list for the year and they would begin construction in July 2021. They did not show in July and we had a difficult time reaching them. Once we did reach them, we were told we were now 8th on the list! They lied in order to secure our business and get us to sign a contract and pay a deposit if $15,000. We were told they would be there in august, then September, then October and then in November we still had no pool and ask for our deposit back. We had to seek legal counsel. They then returned all of our deposit minus $1500. They stated this was for a liner that they had purchased-but we NEVER received! So they charged us for an item they kept and probably used on another pool. We are still trying to retrieve the rest of our money. We were lied to, misled, ignored and our money was obtained Under false pretenses and they kept a portion for materials we did not receive. We are looking to recoup our money and have been advised to file criminal charges if we do not receive it.

  Business Response

  Date: 07/12/2022

  This letter is in response to the complaint received by the Better Business Bureau from ***** ***** on June 8, 2022, ID #********. Your letter dated June 18, 2022, requested a response within ten days, however, we did not receive your letter until June 30. Please accept our apologies for the delay. 

  
  Please be aware that this is the *****'s second contract with Gilkey Pools. The first contract was signed in 2020. Shortly after signing this agreement, Mrs. ***** notified us that she lost her job due to Covid 19 and asked to be released from her contract. Since we incurred only minimal expenses, Gilkey Pools agreed to vacate the contract and promptly gave the *****'s a full refund. 

  
  In her complaint, Ms. ***** states that she signed the second contract with Gilkey Pools in April of 2021. Her contract was actually completed on May 19, 2021. At that time, we had ten clients under contract who were ahead of the *****'s. If necessary, we can provide you with copies of these contracts. 

  
  Gilkey Pools has been in business for over 65 years. In our entire history, we have never provided a client with a start date for their project. Our contract, which the *****'s signed, specifically states, “Due to inclement weather, covid, and other circumstances beyond our control, we cannot guarantee a start or completion date for the swimming pool." As per Gilkey Pools' policy, all projects are completed in order based on the contract date and receipt of deposit. During the contract meeting, the *****'s did request to be "moved ahead" of other clients, possibly due to their belief that they deserve priority because of their previous contract with us. This request was denied. 

  
  Gilkey Pools experienced significant delays in construction of the pools that were ahead of the *****'s. Product availability, distribution issues with our supplier, and significant rain caused unavoidable delays. Based on our trust in the *****'s contract, and the known delays in receiving materials, Gilkey Pools promptly ordered all supplies for the *****'s project, including their liner and winter safety cover. These two items were received and paid for by Gilkey Pools. 

  
  In November 2021, the *****'s again requested to be released from their contract. Our contract specifically states, “In the event the owner shall in any respect fail to perform the terms or prevent performance of this contract, he shall thereupon be liable to the contractor in the amount of any expenses theretofore paid or incurred by the contractor in reliance upon this agreement, and the contractor shall retain the amount theretofore paid on this contract as liquidated damages for the owner's breach." After consultation, our attorney indicated that we had legal grounds to retain all of the *****'s $14,880 deposit. However, in an effort to maintain goodwill, we agreed to refund the *****'s deposit, less the actual expenses incurred. The liner is a custom product that is specific to each client's design and personal preference. It is highly unlikely Gilkey Pools will be able to use this product for any other project. Therefore, we retained $1,427.35 to recover our exact cost for the liner. Please note, we also paid $1336.54 (inc. tax) for the *****'s winter safety cover. However, this item is less specific to an individual project and we will be more likely to use it for another pool. Hence, we did not retain the cost for their safety cover. 

  
  Ms. ***** states in her complaint that we unlawfully charged her for a product they never received. As stated in our letter to the *****'s with their refund, we asked them to advise us on how they would like to take delivery of the liner. We never received a response. Although we indicated the liner would become the property of Gilkey Pools and disposed of after thirty days, this liner is still in our shop. Since it is highly unlikely we will ever use this liner for any other pool, we are still willing to allow the *****'s to take possession of it. They simply need to let us know how they would like to take delivery. 

  
  We pride ourselves in providing the best possible product at a reasonable price for all of our clients. We regret that we could not satisfy the *****'s requests. However, we firmly believe that we did everything possible to treat them fairly, and in a manner consistent with Gilkey Pools' business practices. 

  
  Sincerely, 
  Tina G*****