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:05/16/2023

  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.

  Here are pics of the pool and the leak detection diver.

  Business Response

  Date: 09/29/2023

  In Response to the submitted complaint. Aquatic Arts Pool n Spa has done four separate and completed Leak Detections at four different times during this past year, including Plumbing Pressure testing and Dive tests. Each Leak report came back finalized with the same conclusion. The leak is due to the pools shifting 2-3" from the ground movement. Ground Movement, especially with extreme temperatures and drought, is something we cannot control and there is not a guarantee. It is written in the contract that ground movement is the responsibility of the buyer. We have done everything we can to assist with the customer; however, there is nothing we can do to fix the water loss due to the shift in his pool. We have done all the warrantied items with the Tile and the Equipment thus far. Aquatic *************** has explained this in detail with the Customer, as well as our leak detection experts have discussed the shift and final reports with them as well. 
  

  Leak Detection Tech statement - photos attached. 
  No leaks found in swimming pool plumbing or shell. Tech found that the pool has shifted due to ground
  movement. The customer house is shifting as well. See attached pic. Due to the ground shifting it has
  caused the pool to shift by the shallow end of the pool to move approx. 2-3 inches. This is causing the water
  line to be uneven and lose water out of the overflow.

  Customer Answer

  Date: 10/06/2023

  I am rejecting this response because i've been dealing with this issue since pool was completed.  Aquatic Arts Pool N Spa act like I was bothering them requesting a leak test and have all the email communication showing they came out 6 months later.  Also, visited the ************** and found out the last Pre Plaster failed on 9/20/2022 which I have included and have expired since then.  As a first time pool builder we expected Aquatic Arts Pool N Spa to build our pool to satisfaction in which we have had several issues ever since it was completed in October 2022.  No Consumer should pay $100,000.00 to build a pool that doesn't hold water because the contract specifically states "Builder warrants that the pool shell will remain "structurally sound" for as long as Buyer owns pool. "Structurally sound" is defined as "retaining water".  In the event of a failure in the structure, Builder will repair the structure to the point that it will again retain water."  I'm having to add water weekly to the pool so there has to be a leak somewhere.  I'm asking Aquatic Arts Pool N Spa to have Integrity and own up to their faults.  I was initially told by my sales rep there would be soil samples taken but now i'm having issues I was told there was no soil samples taken and that's not how a pool company should do business.  I submitted this claim back in May and just now getting a response and only have 10 days to respond.   Doesn't seem like equality but hopefully Aquatic Arts Pool N Spa owner will make this right.
  

  Customer Answer

  Date: 10/26/2023

  [A default letter is provided here which indicates your acceptance of Arbitration. If you wish, you may update it before sending it.]

  Better Business Bureau:

  I have reviewed the response made by the business in reference to complaint ID ********, and agree to move forward with arbitration to resolve the complaint.

  Sincerely,
  *********************************

  Business Response

  Date: 01/18/2024

  *******

  Unfortunately ******************** pool Has shifted due to ground movement that is clearly stated on our contract that we do not warranty. His home also has huge cracks in the foundation and exterior brick from ground movement, Aquatic arts has been there for repairs out of good faith for free to try to help ******************** out, Attached are our leak detection reports showing the tests and work done for the leak repair. We explained the best practices via a 3rd party company that could try and remedy his soil conditions. I have many emails stating the conversations via ******************** that i have not attached yet. I left a message for the North ***** BBB manager asking if she would like me to include them on this public forum. As soon as she responds i will add them if she askes for them. Per the contract Aquatic Arts can not Warranty movement of the pool or any damages associated with movement due to shifting and or expansive soil issues.

  Customer Answer

  Date: 01/18/2024

  I am rejecting this response because upon reviewing city permits we are still not complete from their last failed pool inspection.  The house and pool are separate so for them to try and put this on the home and the builder try to put it on them is irrelevant.  The contract states clearly Builder warrants that the pool shell will remain structurally sound for as long as Buyer owns the pool.  Structurally sound is defined as retaining water.  In the event of a failure in the structure, Builder will repair the structure to the point that it will again retain water.  I recently discovered the subs werent doing  good jobs during the build of our pool so its the Builders responsibility to fix the issue in which they have yet to do.  I have had several pool repair companies come out and say that any good reputable pool builder would be responsible for repairing pool because as of now the pool doesnt work and is inoperable.  Skimmers dont work and their fix was to cut them off.  Thats not what we paid $100k for.  Im willing to work with them but I feel they should be responsible for their work.

  Customer Answer

  Date: 01/18/2024

  I am rejecting this response because pool is not holding water.  I'm having to fill up pool weekly causing an increase in water bill over the year.  The plumbing in the sconces haven't been checked.  The ground behind them are always wet.  Aquatic haven't checked those because they claim it cost too much.  The leaks is what could cause the shift.

  Business Response

  Date: 01/18/2024

  Once again Aquatic arts pool n spa can not warranty soil expansion and contraction, or any damages caused by soil movement.

  Business Response

  Date: 01/24/2024

  email with attachments has be sent to ******************************************

  Business Response

  Date: 01/24/2024

  Attached
  
  Pool has been repaired out of good faith even though his contract says we are not responsible. Pool has no leaks. Emails and contract attached
  
                                                                                                             
  *****************************
  Aquatic Arts 
  *********************************************************
  O- **************
  

  
  

  Customer Answer

  Date: 01/29/2024

  We are still waiting on failed inspection from the **************.  Also, last time their tech was out here, they disabled the skimmers because they are not working at all.  This pool has not been working properly from day one and I never received a report from their leak detection company.