Complaints

This profile includes complaints for Crystal Blue Aquatics LLC's headquarters and its corporate-owned locations. To view all corporate locations, see Find Local Branches.

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  Crystal Blue Aquatics LLC

  64 Sycolin Rd SE Ste A Leesburg, VA 20175-4105

• 

  Crystal Blue Aquatics LLC

  673 Potomac Station Dr # 644 Leesburg, VA 20176-1819

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:07/03/2024

  Type:Service or Repair Issues
  Status:

  UnansweredMore 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.

  We contracted Crystal Blue to build a pool on our property. After a very challenging build with very poor communication we were able to use the pool in the summer of 2023, but there were still a few open items. The pool drainage wasn't completed and we never received our winter cover at the end of the 2023 season. In addition to that, Crystal Blue never completed final inspection of the electrical work and the permit is still open to this day. I attempted to contact the owner via email and phone calls multiple times throughout the Oct 2023 - March of 2024 to have them complete the work, and never heard anything back. I finally posted a review on ****** in early spring of **************************************** He said he wanted to make things right and he would come out and address the remaining problems. After a few weeks of back and forth promises of him coming out and then rescheduling, he stopped communicating again and I haven't heard from him since April 26th. This is by far the worst experience I've ever had with a contractor, and I would recommend avoiding ever using Crystal Blue or one of his new pool companies to do any work. They haven't completed the job we paid for and I doubt they ever will.

• Initial Complaint

  Date:06/29/2024

  Type:Order Issues
  Status:

  UnansweredMore 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.

  We hire this company in 2022 and made our final payment to the company this year in March and was told by the owner ***** that the pool would be completed as we are on the last step (plaster) he stated in writing that he would be completed by April. We have called his company number texted him countless times and have not heard any response. Someone has only come to powerwash the pool only since we made our last payment. I have read tons of complaints but to see that this company took my money when there contractor license is now revoked is shocking to me and we are very hurt as a family, as we took money we really didnt have to finish the pool for our 4 children.The last I heard from the owner I was told that he has materials in his yard and would have them delivered and have plaster completed by the week of June 3rd and here we are almost one month out and still nothing. We just want our pool finished!

• Initial Complaint

  Date:12/08/2023

  Type:Service or Repair Issues
  Status:

  UnansweredMore 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.

  We paid over $150,000 for an in-the-ground pool to be built at our house. Crystal Blue Aquatics built that pool and it opened in May, 2023. Almost immediately a big rust spot appeared on the pool wall - it seems as if some of the rebar was breaking through the wall of the pool. We reported it to *** who admitted it was covered under our warranty. We have tried unsuccessfully to get them to repair it. Additionally, they are servicing our pool and spa - to include the spa over the winter. On November 22, just a few days after they last serviced the spa, we used it. After only ten minutes we had to leave the spa as we all (four of us) were getting burned by the amount of chlorine in the pool. We reported that to ***. From that point on, we have heard nothing from them, although I have called them, emalied them, left phone messages and texted them numerous times. These communication attempts have been to the owner of the company, his service lead, and the person who installed the pool. They still have not returned any communications. They did have someone come out to the pool (although I told them they could not come into my yard without me being there - and I wasn't here) on 6 December to test the spa water and treat it if necessary, but they will not tell me what they did or what the test results were. I did have another company come out to test the pool after the burning incident and was told that the chlorine level was "off the charts". I would like them to come out here and fix the pool and communicate with us about the status of the pool.

• Initial Complaint

  Date:07/14/2023

  Type:Order Issues
  Status:

  UnresolvedMore 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.

  Crystal Blue Aquatics LLC ("CBA"), T. ***** *******, President/owner; and ****** ****, Project Manager, breached a contract (dated November 9, 2021), supplemented with a Pre-Dig Checklist (dated September 21, 2022), with **** ***** to construct a residential swimming pool at ***********************************************************************. The total price is $163,590, including the contract price ($153,840) and change orders in the Pre-Dig Checklist ($9,750). By January 3, 2023, ***** paid more than 90% ($148,206) of the total price, paying in advance for all but $15,384 of the remaining work. The final payment ($15,384) is due when plaster is ************ described in the attached memorandum to the *************************************************************** ("DPOR") (without attachments A, B, D, E, and G, due to size limits), CBA required ******* payments and advances for the remaining work but did not complete the project in a timely manner as required by the contract and Pre-Dig Checklist. It abandoned the project and refused to do the little remaining work. *** provided a false completion schedule and then did none of the required work. *** fraudulently attempted to shake ***** down for $40,206.46, making him pay twice for items already purchased, before *** would start the little work necessary to finish the pool. *** claims COVID-related price increases allow it to delay completion of the project for another ***** years if ***** does not pay the higher price. This is incorrect because COVID and its effects were well known when the contract was made and supplemented.Some of **** work was deficient, but *** refused to correct or even discuss the problems with *****. After *** removed the silt fence, a Fairfax County inspector required ***** either to replace the fence or cover the ground. ***** could not lay sod and mulch to comply with the Countys requirements until he incurred significant costs of $14,400 to correct the problems caused by CBAs deficient work.

  Business Response

  Date: 08/04/2023

  Mr. ***** is wrong.  We are happy to complete his pool under the Acts of God Clause in our contract.  His project was started during a pandemic.  We have a clause that protects our business from sharply rising prices during any acts of god which a pandemic obviously qualifies as.  We have sent Mr. ***** the cost difference of his original contract on what is required to complete his project.  We are only seeking what is right and legal in our contract.  This project hold up is on Mr. ***** since he is not willing to see the pandemic as an Act of God and he refuses to see we cannot pay for his project with company revenue not prescribed for his project.  His project needs to be paid by him not CBA.  We did not call Mr. ***** and ask to build him a pool in his backyard.  He called CBA and asked to get on our list.  He signed all pages of our contract willingly and agreed to the Acts of God Clause in our contract.  This is a terrible global pandemic that has occurred, but *** is a for profit business and is only asking for the difference in rise in materials and labor to complete his job.  Again this was signed off in the original build agreement by both parties. 

  Customer Answer

  Date: 08/10/2023

  Initially, note that *** did not deny *****  incurred significant costs of $14,400 to correct the problems caused by CBAs deficient work. **** excuse for abandoning the project is nonsense and nothing more than a clumsy effort to justify its attempt to defraud ***** and force him to pay another $40,206.46 for items that he already paid for in advance.  By January 3, 2023, ***** paid more than 90% ($148,206) of the total pool price ($163,590, including change orders), leaving a final payment of $15,384 on the day plaster is installed. *** required the advance payments, and incurred the corresponding obligation to perform the work that was paid for in advance. Despite requiring the payments, *** never mentioned that it was having financial difficulties because of COVID or that it would not complete the project. To the contrary, Mr. **** told ***** on March 2, 2023, that, by March 10, 2023, CBA  planned to have the pool equipment fully installed and the pool just about plaster ready. When *** did not do the scheduled work, Mr. **** explained that he was very busy. On May 1, 2023, Mr. ******* falsely assured ***** that, although *** was overwhelmed with work, it planned to complete his project in 4-6 weeks and would provide weekly notices to tell ***** if *** would be on site during the coming week and, if so, what work would be performed. After 8 more weeks, *** did none of the remaining work, provided no weekly notices, and did not respond to any of ****** requests for an explanation of **** plans for his project.
  ***** then advised *** of his intent to take more formal action. In response, *** confirmed on June 30, 2023, that it would complete *****s project in just 2-3 weeks, but only if ***** paid another $40,206.46 for work that ***** had already paid for 6 months earlier. If ***** did not pay the additional amount, *** said it would simply make the same offer to other, more recent customers, and complete their pools on a First sign first serve basis.  CBA threatened to  delay the completion of the little remaining work on *****s pool for 1.5 to 2 years. *** mentioned for the first time in its June 30, 2023 attempt to shake ***** down for more than $40,000 that it is entitled to suspend work on *****s project for another 1.5 to 2 years because COVID caused CBAs average costs on pre-2023 contracts to increase by 30-35%.  Certainly, with **** history of untruthful statements, this new explanation is highly suspect.
  Initially, for an event to qualify as an act of God sufficient to excuse an unavoidable delay in contract performance, it must be unanticipated and create significant distress that could not be managed through due diligence during the contracting process. COVID does not satisfy the requirements for an act of God event in this contract because: (1) COVID existed for nearly 2 years, and government efforts to combat COVID existed for 1 years, before the contract was signed on November 9, 2021; (2) by the time of the contract, the effects of COVID on businesses were well understood and documented and known by ***; and (3) *** had ample opportunity during the contracting process to protect itself from the adverse effects of COVID and took a number of protective measures, such as sharply raising prices in response to increased demand for pools from stay-at-home customers, refusing discounts, and eliminating the requirement in its standard contract that construction would commence within 35 working days after the issuance of a building permit (a delayed start was necessary because the large increase in customer backlog during COVID prevented *** from commencing new construction within the specified time). Under these circumstances, *** cannot properly invoke the act of God clause in this contract to justify suspending work on ****** project for 1.5 to 2 years.
  *** also cannot invoke the act of God clause in this contract because the clause only excuses a delay in performance that is beyond the control of ***. The clause does not excuse **** voluntary suspension of contract performance. *** has not claimed that it could not perform the contract and concedes it could complete the project in 2-3 weeks. Rather, *** claims that higher COVID-related costs allow *** to voluntarily suspend work on ****** project for 1.5 to 2 years, so that *** can refocus its attention on other, more recent customers who agree to pay higher prices. However, the clause does not excuse delay because of cost increases.  An important objective of contracts is to allocate the risks and benefits of future cost changes, and the clause does not authorize *** to renegotiate the contract price or, stated more accurately, unilaterally impose a higher price. Voluntary suspension of work under the contract is totally within **** control and thus does not satisfy the contract requirement that any delay be beyond our control.
  Further, *** has not demonstrated that COVID caused such large, unforeseeable and unmanageable cost increases on *****s project so as to prevent *** from completing ****** pool. *** has only claimed that, on average, its overall costs increased 30-35%, and *** has not even eliminated from this amount any increases that already existed or were foreseeable at the time of the contract. Average cost increases are irrelevant, and *** made no effort to demonstrate the effect of COVID on the actual cost to perform its contract with *****. *** falsely states that it is only asking for the difference in rise in materials and labor to complete his job.  *** never identified or provided any analysis of COVID-related cost increases. *** only provided a list of work, with corresponding prices, to show the costs it claims it will incur to complete the project, and then it sought to force ***** to pay all remaining costs in excess of the final contract payment. However, this list is meaningless and does not reveal any COVID-related cost increases. The list only shows that *** will incur costs to complete the project that exceed the amount of the final payment. However, those additional costs were already anticipated by the contract and paid for in advance.  The parties never intended that the final payment, standing alone, would be sufficient to cover all of the costs *** would incur to complete the project after ****** final progress payment. Thus, under the contract, by January 3, 2023, the pool was more than 90% paid for before work on any of the following items:  pool deck installation (contract price of $23,750); automatic cover installation (contract price of $15,500); winter cover (contract price $2,800); reroute/trench downspout drainage (contract price ($1,000); Jandy Fusion Salt System with mineral cartridge (contract price $3,995); gas line (change order price $5,000); additional electrical outlet (change order price $450); additional filter plumbing to reach side of house (change order price $1,800); installation of bar and railing sleeves (change order price $1,000); upgrade from flexible drainage pipe to PVC (change order price $1,500); and many other items that were not separately priced in the contract, including Jandy JXI ******* BTU propane heater, Jandy RS-PS8 smart phone automation system, one 2.0 HP Jandy Flo-pro pool pump for the pool and another for the spa, Dev 60 D.E. filter with multiport valve, PB-460 .75 HP Cleaner pump, Polaris 280 in-pool cleaning robot, 2 HP Spa Therapeutic Air Injection Blower, 2 Deluxe Skimmers, Polaris 280 in-pool cleaning robot, 2 Color Animated LED pool lights for the pool and another for the spa, electrical hookup, Pool Maintenance equipment, Premium Diamond Brite brand plaster interior finish, rough grading of the construction area, pool and yard cleanup, pool power washing and prep for plaster, and initial start-up instruction lesson.  All but $15,384 of this remaining work was paid for in advance, and *** was obligated to perform all of the work by the time Mr. ***** paid over 90% of the contract price on January 3, 2023.  **** list of items that cost more than the final contract payment is therefore meaningless and only includes items for which ***** has already paid.

  Customer Answer

  Date: 08/10/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: 20323978
  
  I am rejecting this response because:

  Initially, note that *** did not deny *****  incurred significant costs of $14,400 to correct the problems caused by CBAs deficient work.

  Further, CBAs excuse for abandoning the project is nonsense and nothing more than a clumsy effort to justify its attempt to defraud ***** and force him to pay another $40,206.46 for items that he already paid for in advance.  By January 3, 2023, ***** paid more than 90% ($148,206) of the total pool price ($163,590, including change orders), leaving a final payment of $15,384 on the day plaster is installed. *** required the advance payments, and incurred the corresponding obligation to perform the work that was paid for in advance. Despite requiring the payments, *** never mentioned that it was having financial difficulties because of COVID or that it would not complete the project. To the contrary, Mr. **** told ***** on March 2, 2023, that, by March 10, 2023, CBA  planned to have the pool equipment fully installed and the pool just about plaster ready. When *** did not do the scheduled work, Mr. **** explained that he was very busy. On May 1, 2023, Mr. ******* falsely assured ***** that, although *** was overwhelmed with work, it planned to complete his project in 4-6 weeks and would provide weekly notices to tell ***** if *** would be on site during the coming week and, if so, what work would be performed. After 8 more weeks, *** did none of the remaining work, provided no weekly notices, and did not respond to any of ****** requests for an explanation of CBAs plans for his project.

  ***** then advised *** of his intent to take more formal action. In response, *** confirmed on June 30, 2023, that it would complete *****s project in just 2-3 weeks, but only if ***** paid another $40,206.46 for work that ***** had already paid for 6 months earlier. If ***** did not pay the additional amount, *** said it would simply make the same offer to other, more recent customers, and complete their pools on a First sign first serve basis.  CBA threatened to  delay the completion of the little remaining work on *****s pool for 1.5 to 2 years. *** mentioned for the first time in its June 30, 2023 attempt to shake ***** down for more than $40,000 that it is entitled to suspend work on *****s project for another 1.5 to 2 years because COVID caused CBAs average costs on pre-2023 contracts to increase by 30-35%.  Certainly, with **** history of untruthful statements, this new explanation is highly suspect.
  

  Initially, for an event to qualify as an act of God sufficient to excuse an unavoidable delay in contract performance, it must be unanticipated and create significant distress that could not be managed through due diligence during the contracting process. COVID does not satisfy the requirements for an act of God event in this contract because: (1) COVID existed for nearly 2 years, and government efforts to combat COVID existed for 1 years, before the contract was signed on November 9, 2021; (2) by the time of the contract, the effects of COVID on businesses were well understood and documented and known by ***; and (3) *** had ample opportunity during the contracting process to protect itself from the adverse effects of COVID and took a number of protective measures, such as sharply raising prices in response to increased demand for pools from stay-at-home customers, refusing discounts, and eliminating the requirement in its standard contract that construction would commence within 35 working days after the issuance of a building permit (a delayed start was necessary because the large increase in customer backlog during COVID prevented *** from commencing new construction within the specified time). Under these circumstances, *** cannot properly invoke the act of God clause in this contract to justify suspending work on ****** project for 1.5 to 2 years.

  *** also cannot invoke the act of God clause in this contract because the clause only excuses a delay in performance that is beyond the control of ***. The clause does not excuse **** voluntary suspension of contract performance. *** has not claimed that it could not perform the contract and concedes it could complete the project in 2-3 weeks. Rather, *** claims that higher COVID-related costs allow *** to voluntarily suspend work on ****** project for 1.5 to 2 years, so that *** can refocus its attention on other, more recent customers who agree to pay higher prices. However, the clause does not excuse delay because of cost increases.  An important objective of contracts is to allocate the risks and benefits of future cost changes, and the clause does not authorize *** to renegotiate the contract price or, stated more accurately, unilaterally impose a higher price. Voluntary suspension of work under the contract is totally within **** control and thus does not satisfy the contract requirement that any delay be beyond our control.
  

  Further, *** has not demonstrated that COVID caused such large, unforeseeable and unmanageable cost increases on *****s project so as to prevent *** from completing ****** pool. *** has only claimed that, on average, its overall costs increased 30-35%, and *** has not even eliminated from this amount any increases that already existed or were foreseeable at the time of the contract. Average cost increases are irrelevant, and *** made no effort to demonstrate the effect of COVID on the actual cost to perform its contract with *****. *** falsely states that it is only asking for the difference in rise in materials and labor to complete his job.  *** never identified or provided any analysis of COVID-related cost increases. *** only provided a list of work, with corresponding prices, to show the costs it claims it will incur to complete the project, and then it sought to force ***** to pay all remaining costs in excess of the final contract payment. However, this list is meaningless and does not reveal any COVID-related cost increases. The list only shows that *** will incur costs to complete the project that exceed the amount of the final payment. However, those additional costs were already anticipated by the contract and paid for in advance.  The parties never intended that the final payment, standing alone, would be sufficient to cover all of the costs *** would incur to complete the project after ****** final progress payment. Thus, under the contract, by January 3, 2023, the pool was more than 90% paid for before work on any of the following items:  pool deck installation (contract price of $23,750); automatic cover installation (contract price of $15,500); winter cover (contract price $2,800); reroute/trench downspout drainage (contract price ($1,000); Jandy Fusion Salt System with mineral cartridge (contract price $3,995); gas line (change order price $5,000); additional electrical outlet (change order price $450); additional filter plumbing to reach side of house (change order price $1,800); installation of bar and railing sleeves (change order price $1,000); upgrade from flexible drainage pipe to PVC (change order price $1,500); and many other items that were not separately priced in the contract, including Jandy JXI ******* BTU propane heater, Jandy RS-PS8 smart phone automation system, one 2.0 HP Jandy Flo-pro pool pump for the pool and another for the spa, Dev 60 D.E. filter with multiport valve, PB-460 .75 HP Cleaner pump, Polaris 280 in-pool cleaning robot, 2 HP Spa Therapeutic Air Injection Blower, 2 Deluxe Skimmers, Polaris 280 in-pool cleaning robot, 2 Color Animated LED pool lights for the pool and another for the spa, electrical hookup, Pool Maintenance equipment, Premium Diamond Brite brand plaster interior finish, rough grading of the construction area, pool and yard cleanup, pool power washing and prep for plaster, and initial start-up instruction lesson.  All but $15,384 of this remaining work was paid for in advance, and CBA was obligated to perform all of the work by the time Mr. ***** paid over 90% of the contract price on January 3, 2023.  CBAs list of items that cost more than the final contract payment is therefore meaningless and only includes items for which ***** has already paid.
  
  
  Regards,
  
  **** *****
  
  
  
  
  
  
  
  

  
  

  Business Response

  Date: 08/30/2023

  Mr. ***** signed every page of our contract.  He signed our contract during the covid world wide pandemic.  He signed the page that reads acts of god and governmental shutdowns will not be responsibility of CBA for any delays.  As soon as we knew we could not complete his pool under the original amount the contract was bid at we notified him with an Acts of God Compromise.  Essentially a change order to complete his project.  We offered a lower cost option for completion than if he went outside of CBA to get his pool completed.  We also offered both costs.  The cost for us to complete it and the cost if he completed it by others.  Any costs incurred by using another contractor is due to Mr. ***** using another contractor other than CBA.  We are happy to complete the pool under the Acts of God Change order addendum we sent.  The following  are the facts and can be proved.  
  1.  Mr. ***** signed every page of our contract
  2.  Mr. ***** signed the contract during the largest global pandemic we have ever seen in our lifetime.
  3. Costs of labor and materials have sky rocketed during Mr. ****** project.
  4. *** has acts of god provision in the contract which mr. ***** signed.
  5.  ************ signs the acts of god change order we will be able to complete his pool
  6.  Any costs Mr. ***** thinks were caused by CBA is his fault if he had anyone else finish his pool under their permit.  *** is relieved of all liability once a permit is not in thier name.
  7.  We have this case from about acts of god which explains a win for the contractor due to acts of god.  Please read this excerpt.
  An Act of God, or a force majeure event, generally limits recovery to an extension of
  time, thereby relieving a contractor of actual or liquidated damages due to failure to complete performance
  within the contractually mandated time frame. This is especially true in fixed price contracts like the
  Contract between the Owners and Crystal Blue, which do not provide for additional costs to complete the
  Work. Furthermore, an Act of God is, by definition, an unusual and extraordinary manifestation of the
  forces of nature that it could not under normal conditions have been anticipated or expected. See ********
  Floral ***************** & O. Ry. **** 149 Va. 809, 811 (1928).
  8.  Mr. ***** is working off of emotion and not real life circumstances of the facts and the hurt the global pandemic has done to small businesses such as ours.  
  
  Again we have never stopped work on Mr. ****** project.  We simply introduced a change order to complete his pool located on his property.  The pool is not CBA's by any means.  As a professional contractor we reserve the right to introduce change orders to a contract when an Act of God causes our normal progress delays which then can cause more costs as well.  We are here and ready to complete Mr. ****** project as soon as he signs the Act of God compromise.  

  Customer Answer

  Date: 09/06/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: 20323978
  
  I am rejecting this response because:

  The statement we have never stopped work on Mr. ****** project is false.  The project would have been completed long ago if Crystal Blue Aquatics (CBA) would have performed the little remaining work as required by the contract.

  ***, through ***** ********, specifically represented to **** ***** that *** can complete the pool and spa that is required by the contract in as little as 2 to 3 weeks if ***** agrees to their demand to modify the contract and pay a significant price increase of $40,206.46.  CBA and Mr. ******** make clear again in the response filed with BBB that they are capable of completing the job but will only do so if Mr. ***** agrees to their demand to increase the contract price:  We are here and ready to complete Mr. ****** (sic) project as soon as he signs the Act of God compromise.  CBA and Mr. ******** have warned Mr. ***** that if he does not agree to the price increase they have demanded, they will simply shift to working on projects for other, more recent customers who pay price increases on a First sign first serve basis, and will delay completion of the little work remaining on Mr. ****** project for 1.5 to 2 years.  CBA and Mr. ******** have therefore voluntarily suspended or abandoned their contractual responsibility to complete Mr. ****** pool and spa in order to pressure him to pay a higher price.  The acts of God clause in the contract does not authorize *** to voluntarily abandon the project or stop work on the job until Mr. ***** accedes to their demand for a price  increase.  No provision in the contract allows *** to suspend or abandon performance until Mr. ***** accepts a unilateral price increase.

  CBAs summary of the acts of God clause in the contract is wrong and misleading.  The actual clause states:  We will not be responsible for delays beyond our control, such as acts of God, weather, strikes, government action, changes to the agreement or addenda, vandalism, or shortage of materials or labor.  The clause does not excuse any delays, as CBA contends, but only delays beyond our control.  As such, the clause does not authorize voluntary work stoppages, and it does not authorize *** to suspend or abandon work until Mr. ***** succumbs to CBAs demand for a price increase.  CBAs suspension of contract work to force Mr. ***** to accept a price increase also violates the binding arbitration requirement of the contract, which states in relevant part:  Any controversy or claim arising out of this contract, or the breach thereof, shall be settled by binding arbitration . . . .  If *** believes it is entitled to a price increase, the contract requires it to pursue that claim in binding arbitration and does not authorize *** to suspend its performance under the contract until Mr. ***** is forced to accept *** and Mr. ********* unilateral demand for a price increase.  CBA obviously has not sought a price increase in binding arbitration because the contracts acts of God clause does not authorize price increases.

  CBA and Mr. ******** also cannot show that COVID qualifies as an act of God that merits any relief under the acts of God clause in the contract.  *** concedes that the contract was signed during COVID.  In fact, COVID and related government actions had already existed for nearly 2 years before the parties entered into the contract on November 9, 2021.  Nonetheless, the contract does not specify COVID or even pandemic in the act of God clause.  As a result, cases must be consulted to see if COVID excuses CBAs suspension of work under the contract.  The case cited by *** makes clear that COVID is not an act of God under this contract.  As CBA quotes:  an Act of God is, by definition, an unusual and extraordinary manifestation of the forces of nature that it could not under normal conditions have been anticipated or expected. See *************************** v. Chesapeake & O. Ry. **** 149 Va. 809, 811, 141 S.E. 834 (1928).  COVID does not qualify as an act of GOD under the contract because it was anticipated and expected and actually existed at the time of contracting.  COVID was even a subject of contract negotiations.  For example, because the demand for residential pools increased significantly during COVID, CBAs customer list expanded, and it was unable to comply with the standard provision in its contract requiring it to commence construction within 35 working days after the issuance of a building permit.  *** modified the contract to state that construction would likely commence in September 2022, more than 100 days after the issuance of the building permit.  Moreover, *** had already increased its contract prices in response to the increased demand for residential pools during COVID, and it refused to provide Mr. ***** with any discount, explaining that the long time between signing of the contract and construction subjected it to a higher risk of possible price increases. Insofar as COVID already existed for a significant time and was a subject of negotiations during the contracting process, COVID does not satisfy the threshold requirement that an act of God be unanticipated and unexpected.

  Even if COVID is accepted as an act of God under the contract, *** and Mr. ******** did not satisfy their burden of showing that they are entitled to any COVID-related relief.  CBA has not shown or documented any specific COVID-related condition that caused an otherwise unexcused delay in the performance of CBAs contract with Brown.  Nor has CBA demonstrated that any COVID-related condition was the sole proximate cause of any such delay, as required in *********  *** also has not satisfied its burden of showing the amount or magnitude of harm caused by any COVID-related condition.  All CBA has shown is that the expenditures required to complete the pool and spa are larger than the last remaining payment.  However, this is a meaningless exercise, because Mr. ***** has already prepaid in advance for all of the remaining expenditures except the amount of the final payment.  *** and Mr. ********* price increase is therefore an attempt to force Mr. ***** to pay twice for items that Mr. ***** already purchased with his advance payments.

  Finally, *** did not satisfy its legal obligation to mitigate any damage caused by a COVID-related delay in the  completion of Mr. ****** pool and spa.  CBAs statement that it notified Mr. ***** with its demand for a price increase [a]s soon as we knew we could not complete his pool under the original amount the contract was bid at is false.  CBA claims that all of its pre-2023 contracts are at risk of default because of COVID-related price increases, but the issue was rectified in the 2023 contracts.  If this is true, *** was aware of pricing issues with its pre-2023 contracts well before the end of 2022, in sufficient time to change its 2023 contracts.  Yet *** never informed Mr. ***** that COVID-related price issues significantly increased the risk of default on CBAs pre-2023 contracts until June 30, 2023, more than six months after *** allegedly fixed the issue with its 2023 contracts.  Instead, *** said or did nothing to suggest that it was not able, willing, and ready to complete the project according to the contract: (1) on September 13, 2021, *** responded to an inquiry from Mr. ***** that the target date to begin construction was still September 21, 2022, stating Lets get this project started; (2) on September 21, 2022, *** required Mr. ***** to agree to a contract modification with a Pre-Dig Checklist providing an estimated construction time of 12 to 16 weeks; (3) on September 21, 2022, *** sold Mr. ***** change orders for a price of $9,750 and required him to pay 100% of the cost, even though most of the change order items would not be provided until near the end of construction; (4) *** continued to work on the pool and spa through December  2022 and required Mr. ***** to make a series of additional payments until ***** paid 90% of the contract price by January 3, 2023; (5) after ***** paid more than 90% of the contract price and 100% of the change orders, *** and Mr. ******* continued to provide false information about **** plans for scheduled work, completing the project, and keeping the lines of communication open; and (6) when Mr. ***** finally notified *** and Mr. ******** on June 29, 2023, of his plan to enforce his contract rights more formally, *** and Mr. ******** responded on June 30, 2023, and only then claimed for the first time that COVID-related costs would prevent *** from completing the pool and spa unless Mr. ***** agreed to a significant price increase.  Until that moment, CBA and Mr. ******** actively concealed **** alleged inability to complete the job because of COVID-related cost increases while they sought to maximize the advance payments made by Mr. ************ *** therefore did nothing to mitigate the damage or provide advance notification to Mr. ***** about **** precarious financial situation and delayed performance caused by COVID-related price increases.  Mr. ***** learned about the alleged problem only after *** had already breached its obligation to construct the pool in a timely manner and then provided false information about its plan to complete the project and the schedule it would follow.

  I have sent with this response the actual contract and contract amendment (Pre-Dig Checklist), which were not attached to my original complaint due to file size limitations.

  Regards,
  
  **** *****

  2 Attachments
  
  
  
  
  
  
  
  

  
  

  Business Response

  Date: 09/13/2023

  Per our contract that Mr. ***** signed all pages, we are not responsible for delays or other issues such as quickly rising cost due to an Act of God and governmental shutdowns    So no we never stopped working on Mr. ******* project.  Working on a project is not always on site.  There are many hours we work on projects in the office from an Administration level.  Everytime a customer emails or calls our business we are considered working on their project.  Emails and calls take company time to answer and work.  Mr. ***** has been sent his acts of god compromising change order.  He has decided to not move forward.  He admits his pool will cost more than his contract calls for due to Acts of God.  The evidence is the other bids he has in hand from other companies.  There are alot of small things *** will be doing for less than another contractor he does not realize.  At the end of the day as soon as Mr. ***** signs the act of god and sends first payment *** will complete the project.  The pandemic is nobody's fault but we all have to pay the price of this Act of God.  CBA cannot and will not pay the higher prices on contracts due to Act of God.  After all that is what the contract is written and signed to do.  To help either side of the contract in the case of arising issues.  Especially costs.

  Customer Answer

  Date: 09/21/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: 20323978
  
  I am rejecting this response because:

  
  Crystal Blue Aquatics (CBA) has continued to make false statements to justify breaching the contract. The statement, we are not responsible for delays or other issues such as quickly rising cost due to an Act of God and governmental shutdowns is false.  The acts of God clause in the contract only excuses delays beyond our control due to such things as acts of God and governmental action.  When the delay is no longer beyond CBAs control, *** must complete the contract according to its original terms. 

  
  Other than excusing delays beyond our control, no language in the clause authorizes CBA to delay or suspend performance due to other issues such as quickly rising cost.  Indeed, the clause does not authorize *** to voluntarily suspend or abandon its performance or to increase price.  In particular, the clause does not authorize *** to unilaterally impose a price increase and suspend performance until I agree to the higher price.

  
  Under ******** law, *** has the burden of showing that it should be excused for any delay in performing the contract under the acts of God clause and it has not and cannot meet that burden to justify its continuing refusal to complete the job under the terms of the contract.  *** has not provided any information showing how COVID caused any delay or had any other affect on my project.  It has generally claimed that its costs went up during COVID and then demanded that I agree to a price increase of $40,206.46, which, when combined with my one remaining payment of $15,384, is equal to the costs CBA claims it will incur to complete the project.  CBA ignores that, with the payments I have already made of $148,206, I paid more than 90% of the contract price (including the original contract price and 100% paid for change orders).  These payments include advance payments for all remaining work except the amount of the final payment.  CBA required and accepted these advance payments and accepted the corresponding obligation to perform the work.  *** now demands that I pay a second time for items that I already paid for with my advance payments.

  
  **** claim that other companies will charge more than *** to complete the required work is irrelevant and provides no justification for the price increase *** seeks to impose.  Unlike ***, other companies have not already received advance payment for any of the work they would perform.  The fact that other companies would charge more than *** to complete the project only shows how **** scam works:  (1) CBA  collected more than 90% of the contract price and created a monstrous, unusable and unsightly cesspool in my backyard; (2) CBA then left the project in an unacceptable condition and threatened not to complete the job unless I pay a higher price; (3) *** has the economic leverage to carry out its scam and force me to pay a higher price as long as the price increase is less than the amount that another firm would charge to complete the project without any of the advance payments *** has received.  This is a clever, but fraudulent, way for *** to get paid twice for a significant portion of the project.

  
  The actual contract language at issue states as follows:  We will not be responsible for delays beyond our control, such as acts of God, weather, strikes, government action, changes to the agreement or addenda, vandalism, or shortage of materials or labor.  This language does not support CBAs scam to impose a higher price for many reasons.

  
  First, ******** law, including the case cited by *** in its last response, makes clear that an act of God only includes circumstances that were not expected or anticipated at the time of contracting.  COVID does not meet this requirement because, as *** admits, COVID and related government programs had existed for nearly 2 years before this contract.  COVID was even discussed and addressed during the contract negotiations.  *** has not shown that any delay or other problem with its contractual performance is because of some unique aspect of COVID or related government actions that were not expected or anticipated at the time of the contract.

  
  Second, ******** law requires that the act of God be the sole, proximate cause of any excusable delay.  CBAs general claim that costs rose during COVID does not satisfy CBAs burden of excluding other potential factors that might have contributed to the delay, such as general inflation and poor business judgment.

  
  Third, as noted above, the contract only excuses delays beyond our control.  *** has not identified any delay that was forced upon it by COVID, and it has not demonstrated any condition that would justify its continued refusal to perform its obligations under the contract.  In fact, **** comment again makes clear that it has voluntarily suspended work and could resume work at any time.  It is simply holding out as a strategy to force me to agree to a higher price.

  
  Fourth, the contract provides no authority for *** to unilaterally raise its prices.  At most, the contract excuses CBA for a forced delay that was beyond its control and then requires *** to resume its performance under the original terms of the contract as soon as possible.

  
  Fifth, in ********, a party seeking to be excused for delay because of an act of God must take reasonable and timely measures to mitigate damages.  *** did not engage in any effort to mitigate damages.  To the contrary, it concealed any difficulties it may be having because of COVID while it negotiated an amendment to the contract on September 21, 2022, the day construction began, that specified a construction schedule of 12 to 16 weeks, negotiated and required 100% payment for change orders, and required payment of 90% of the contract price.  After I paid for more than 90% of the project, *** continued for six more months to provide false information about its intent to complete the job.  CBA only asserted COVID-related issues for the first time on June 30, 2023, as the reason for its inability to complete the project and the justification for its unilateral price increase.  With its concealment, CBA exacerbated, instead of mitigated, damages.

  
  Sixth, the contract specifies binding arbitration as the sole means for resolving claims and controversies under the contract.  The contract does not authorize one party to suspend performance to force the other party to agree to a price increase or other contract amendment.  If *** truly believes the contract entitles it to a higher price, it should have provided me with the data underlying its claim and attempted to resolve the issue with me, ideally before inducing me to pay more than 90% of the contract price.  If *** could not reach an understanding with me, it could have then pursued its claim in binding arbitration, as required by the contract.  The fact that *** did not pursue its claim in the manner required by the contract, which it wrote, shows that **** claim has no merit.

  
  CBA increased prices because of COVID at the time the parties entered the contract, and it refused to provide any discount or allow for a delay in any payments, even when work was not scheduled to begin for nearly one year.  *** explained that it could not provide a discount because it was assuming the risk of price increases.  Now CBA states:  *** cannot and will not pay the higher prices on contracts due to Act of God.  After all that is what the contract is written and signed to do.  To help either side of the contract in the case of arising issues.  Especially costs.  However, *** already provided for and accepted the risk of higher costs due to COVID at the time of contracting, and no language confirms the purpose of the contract as alleged by *** or authorizes *** to unilaterally increase prices.

  
  Finally, **** argument that it has not suspended or abandoned the contract because it may incur administrative costs is bogus.  CBAs administrative costs have not moved the project forward or translated into any work being performed since May 2, 2023, even after T. ***** *******, **** owner, falsely said in an email on May 1, 2023, that the project would be completed in 4-6 weeks.  *** has made clear that administrative activities are not a significant factor in the completion of the project.  If I only pay the higher price demanded by ***, it promises to install the pool equipment in 2 days and get water in the pool within 2 weeks, with no caveats because of potential delays in administrative tasks.
  

  
  Regards,
  
  **** *****
  

  
  

• Initial Complaint

  Date:06/21/2023

  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.

  we hired Crystal blue company to build a pool for us. The project manager ****** came here on February and his crew digged the ground and did concrete but since mid-April they haven't showed up on the site. we kept calling and emailed both ****** (the project manager) and ************************* the president of the company but no response at all since April. we went to their office twice, but nobody is in their office called the operator told us that they are all in Florida!!!!our yard is a mess. I have a safety issue in my yard such as nails left behind, there are couple holes in the yard and I have 2 little kids, they took out my fence and basically my yard is open to the road back of my house. I am running my business from my home, and I cannot bring any clients since their safety is my priority. Also, they charged us 90% of the money while only 40% of the job is done. I am desperate and I would really appreciate if someone could help me. My phone number is ************. your advice greatly appreciated. Thanks

  Business Response

  Date: 11/09/2023

  ---------- Forwarded message ---------
  From: *****/New Pool Sales <***********************************>
  Date: Tue, Oct 3, 2023 at 12:32 PM
  Subject: RE: Crystal Blue Aquatics LLC - Business ID# *********
  To: *********************** <************@mybbb.org>
  
  For ****** we sent an Acts of God change order due to pricing changes during the contract.   They have not signed it and paid the 50% to continue the job.  Once that is signed and paid we are happy to move forward with the ****** job.
  
  T. *************************
  Sales and Marketing Manager
  Crystal Blue Aquatics
  Class A# *********** 
  C ************
  O ************
  *** ******************.
  Leesburg, VA *****

• Initial Complaint

  Date:06/13/2023

  Type:Customer Service 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.

  Crystal Blue Aquatics was contracted to complete our pool construction by 7/1/23. As of 4/17/23, they have completely ignored every effort to communicate, and have missed their deadline by projected several months. The company has repeatedly misled us on time to completion, and refuses to answer questions regarding anything related to the project. Voice mails, emails, text messages, messages left with office staff all go completely ignored and unanswered. We have made every payment as promised on time, totaling to date over $165,000, and still cannot get any questions answered or have any communication with the company.Additionally, employees of the company arrived to the job site and got out of their vehicles with open beer bottles, and proceeded to drink alcohol all day on the construction site, leaving empty bottles all around our yard.On the day the crew was consuming alcohol, they used a yard entrance not agreed upon, and in that time destroyed our path in our yard. The project manager did day they would fix the issue, but now they are not answering any calls so we cannot be sure this is going to be fixed as agreed upon.

  Business Response

  Date: 07/01/2023

  We are working towards completion of pool.  Per contract the dates from November to April are not counted as construction time.  We communicate to the homeowner on a weekly or biweekly basis.  The issue is they call everyday multiple times a day.  We cannot keep answering questions for one customer so many times.  We have no obligation to communicate daily.  We will not communicate daily.  We have multiple jobs and many that are still being completed from the pandemic related issues.  This pool was also signed during the pandemic.  The pandemic was just announced as over on May 11, 2023.  We are still affected in our industry.   At the end of the day we will complete their job by memorial day 2024 or sooner.   As far as beer and trash we cannot account for such things.  We have company meetings about drinking on the job and keeping the job site picked up.  Many times folks don't understand per our contract they have a construction site and will need to understand it will be a mess until we are complete.  We are happy to communicate as to what next steps are etc as long as clients can speak to us in a calm and humanly descent way.

  Customer Answer

  Date: 07/10/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because:

  A May 2024 completion time is unacceptable. This project began in January 2023. We were originally told we had a Memorial Day 2023 completion time. Then we were pushed to end of June 2023. Then I was told we would be swimming July 4th. Then we were most recently told mid to late July. Now this response is saying May 2024. 16 months after the project began. We have already had to cancel 3 planned events and host them at other sites at our own expense, and if the End of July time frame does not hold, will have another 2 events that we must cancel and move. All of these events were planned based off the completion timelines we had prior been told by the company.
  
  Based on an email recieved from the owner of CBA on 5/1/23, we currently have about 4-5 days of work left to complete the project. I do not understand why the project will take another 10 months to complete. And every attempt to ask that question has been met with silence.

  Regards,
  
  *****************************

  Business Response

  Date: 07/13/2023

  We are flooded with jobs still needing completion from the pandemic.  More than likely we will complete this job by end of this year.  We are placing a May 2024 timeline on the project to give an end date with everything we have to complete that is ahead of this project.  Our company projects being completely caught up by end of 2024 due to the world wide pandemic which just ended May 11, 2023 officially.  Our area has residents that do not truly see the impact of what the pandemic has had on small businesses like ours.  There is now a recoil effect due to the pandemic with business all but dropping to less than half of what we are used to as a company in this industry for 20 years.  The high interest rates and the rapid price changes in everything has crippled our business.  At the end of the day we will figure out a way to complete this project.  We communicate as I stated last time.  The issue here is the client does not like the communication they get.  Meaning the answers.  This project will get complete.

• Initial Complaint

  Date:06/12/2023

  Type:Order Issues
  Status:

  ResolvedMore 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.

  We signed a contract for a pool build on Feb. 4, 2022 with 20% down payment, the work began on Aug. 22, 2022 and progress continued to be made through Jan. 18, 2023. However from Jan. 18, 2023 through today (June 12, 2023), the company has only come one day for a few hours to complete a small piece of work. The company has not answered any texts or phone calls since April. They have been unresponsive after multiple attempts and we're unfortunately left with no other option than to take action into our own hands. At this point, there are three major steps to be done to complete the job (stamped concrete decking, the delivery/installation of the filter systems, heater & pumps, and the plaster). We have invested $131,076 so far, each invoice paid in a timely manner upon request. The final payment ($11, 564) is due immediately prior to the plaster being completed. Overall, the work & equipment that still needs to be completed (~$42,195) is much greater than the amount we will owe when the plaster is scheduled ($11,564)so we expect to at least receive the amount of work/equipment we've paid for to this point. We have been very proactive and positive with communication and receive no response, nor updates. We understand that the weather has to be optimal for the work to be completed but this has not been as issue, because the weather has been ideal for the past several months. We would like for the work to be completed or a refund made to equal the amount of work still need to be finished minus our final payment. The contract (attached) states that 'Crstyal Blue Aquatics will provide all materials, labor and tools to complete job.' and also states that 'Construction will be substantially completed 50 working days (Mon-Fri) after construction begins, weather permitting.' We understand that November 15-March 15 are not included in this promise, however minus that, it has now been 122 working days and there are still three major tasks that need to be completed.

  Business Response

  Date: 11/09/2023

  ---------- Forwarded message ---------
  From: *****/New Pool Sales <***********************************>
  Date: Tue, Oct 3, 2023 at 12:29 PM
  Subject: RE: Crystal Blue Aquatics LLC - Business ID# *********
  To: *********************** <**************@mybbb.org>
  
  ****** job is completed.  We have resolved that pool issue.
  
  
  T. *************************
  Sales and Marketing Manager
  Crystal Blue Aquatics
  Class A# *********** 
  C ************
  O ************
  *** ******************.
  Leesburg, VA *****

  Customer Answer

  Date: 11/09/2023

  [A default letter is provided here which indicates your acceptance of the business's response.  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 find that this resolution is satisfactory to me. 
  
  Regards,
  
  ***************************
  

• Initial Complaint

  Date:05/29/2023

  Type:Order 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.

  - Contract to complete pool construction was signed in July of 2021, and work began July 27 2022. - Contract and additional fees total $110,606. Currently have paid $100,811 as per the scheduling of payments in contract. No payments made late. - Contract was to complete pool build in 12-16 weeks. - The contract is structured so you pay incrementally as you hit milestones. They make progress initially, and poured pool shell 8/22. At that stage, the consumers (me) yard is a unuseable and they have 75% of the consumers money. From this point on, no good faith effort was made by the company to honor the timeframe set forth in their contract. No work was completed in Sept, Oct or Nov. I ask for updates as for when we are scheduled, or reasons for delay, no response given. Project manager last meaningful response to correspondence was 9/12/2022, and neither owner or project manager responds to any emails or phone calls during that time. Work halts for winter. No work in March, no response from owner or project manager. April 4 owner finally responds, says "pool deck will be poured next week," "crews will rotate from there every 1-2 weeks" and "project will be completed within 2 months." It's currently May 29, pool deck is still not poured, I have no firm date as to when I'm scheduled and they have made no good faith effort to honor the initial 12-16 week terms, or even any of the promises made by the owner in April. - Owner responses have been dismissive and dishonest. Project manager is MIA. - If the BBB needs any additional supporting documentation besides that reported, I'm happy to provide it.

  Business Response

  Date: 11/09/2023

  ---------- Forwarded message ---------
  From: *****/New Pool Sales <***********************************>
  Date: Tue, Oct 3, 2023 at 12:34 PM
  Subject: RE: Crystal Blue Aquatics LLC - Business ID# *********
  To: *********************** <**********@mybbb.org>
  
  ******** needs to sign our Acts of God change order for pricing changes during contractual period beyond our control.  Once he signs the change order and makes 50% payment we will continue the project
  

  T. *************************
  Sales and Marketing Manager
  Crystal Blue Aquatics
  Class A# *********** 
  C ************
  O ************
  *****************************************
  Leesburg, VA 20176
  

  
  

  Customer Answer

  Date: 11/09/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because the issues the business mentions are not acts of god, but are acts of poor business management. COVID existed at the time we signed the contract, as did inflation. The business made no good faith efforts to work with me on a solution, only demanding exorbitant additional costs or unlimited time, which are not acceptable.
  
  It took months for them to respond to this initial complaint, and the response consists of a one sentence...I think that kind of sums things up pretty well.
  
  Regards,
  
  *****************************
  

  Business Response

  Date: 11/13/2023

  We reject the owners rejection.  100% the entire world felt the wrath of global pandemic.  Many businesses were affected.  Ours was one of those businesses with sharp rise in costs of everything from materials to deliveries to shipping to labor.  The fixed cost of contracts went upside down due to an Act of God which is a virus released into the world nobody could have predicted.  100% an act of god!!!

  Customer Answer

  Date: 11/14/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because: thousands of pool companies around the US including dozens of companies in the NOVA region were able to manage just fine. And like I said, Covid existed well in advance to our agreement, so both parties knew the climate, thus not an act of god
  
  Regards,
  
  *****************************
  

• Initial Complaint

  Date:02/16/2023

  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.

  Date of the transaction with downpayment – May 2021 Date of Add-on items – October 2021 Dig Day – June 2022 Completion Date – 3-4 months after dig day Total Amount - $110,187 plus dig day add-ons Items not completed from our contract ******* Pool Cleaning Robot Box over exterior electric outlet Fix Pool Cover Clean out Pool due to debris from delay Open Pool Date and Time Start-up instruction lesson Test Strips The completion of the pool structure was delayed until mid-Oct 2022 which caused a number of issues. We have spent the last three months consistently contacting Crystal Blue Aquatics on many of these issues but have been ignored. Our pool was delayed until Mid-October 2022. We expected the auto cover installation would be scheduled immediately after, but they only installed the cover in early December. High winds caused debris to enter the pool for 45 days and so we were expecting the pool company to clean out the pool. This never happened and they also never gave us the ******* pool cleaning robot from our contract, so I spoke to Gavin at least five times about dropping it off and cleaning out the pool. He said yes to both items but to this day, the pool is still uncleaned, and we still don’t have the ******* pool cleaning robot. We would like Crystal Blue Aquatics to deliver the pool cleaning robot and to clean out our pool, free of debris. There is a small tear in the pool cover from installation that needs to be fixed. Several pipes were leaking when they closed the pool but I was assured they would be fixed when they come to open the pool in April 2023. We also still need the initial start-up instruction lesson. We still don’t have the date and times for those appointments. I’ve given the company at least ten times to resolve these issues but the company has not tried to resolve any of the above issues. I asked to speak to the owner in November 2022, I still have not heard from the owner.

  Business Response

  Date: 11/09/2023

  ---------- Forwarded message ---------
  From: *****/New Pool Sales <*******@crystalblueaquatics.com>
  Date: Tue, Oct 3, 2023 at 12:39 PM
  Subject: RE: Crystal Blue Aquatics LLC - Business ID# *********
  To: *********************** <************@mybbb.org>
  
  1.  For the ******* job we tightened the unions on the multiport valve and stopped leaks.  The pool being cleaned is not under our contract.  
  2.  Pool Construction is what we completed.  We finished pool construction and handed over the completed pool.  Service is a different contract which ****************** never signed a service agreement with CBA to keep the pool cleaned after construction.  
  3.  We left the automatic robot for pool cleaning at **. ******** residence. We have the invoice for the machine billed to us from our supplier. 
  
  T. *************************
  Sales and Marketing Manager
  Crystal Blue Aquatics
  Class A# *********** 
  C ************
  O ************
  673 Potomac Station Dr.
  Leesburg, VA 20176

  Customer Answer

  Date: 11/13/2023

  The pool heater still leaks.

  We have a large crack in the concrete walkway around the pool.  See attached picture.

  The pool robot was finally delivered so thank you for that.

  Customer Answer

  Date: 11/13/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because:  The pool heater still leaks, this was not addressed.  Also, we have a huge crack in the concrete sidewalk.  See attached photo.
  
  Regards,
  
  *********************
  

  Business Response

  Date: 11/14/2023

  We finished this pool over 2 years ago.  Our standard warranty is 1 year.  Concrete we offer no warranty per our contract.  Concrete by nature in this area will crack.  The goal is for it to crack in the control joints.  This does not always occur as nobody can predict exactly where concrete will crack.  We live in a freeze and thaw climate.  Please read your contract and see warranty section on Concrete.  We do not warranty against cracking due to soil expansion by heat or freeze and thaw soil expansion and contraction.   Cracking Concrete is not evidence of poor workmanship.  Concrete will crack it always cracks.  The only question is where and when.   The larger the concrete pad the more chance for cracking.  Again we do not warranty concrete.  Also we have not been to your pool since we repaired all issues over a year ago.

  Customer Answer

  Date: 11/14/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because:   I believe you are mistaking me with another client.  Our pool was finally completed less than 1 year ago.  The autocover was not installed until December 2022 which started the 1 year warranty.   A warranty does not begin until all items are completed and the job is done.   We then reached out to you March 2023 about a lot of these items so regarding the leaks, we are still waiting for the heater to be fixed.  We also have a huge crack in the concrete and it should not be cracking.
  
  Regards,
  
  *********************
  

  Business Response

  Date: 11/15/2023

  Regardless there is 0 warranty on concrete and we repaired the leaks at equipment over a year ago.  No warranties are available.  However if you would like to book an appt with our service team we can set that up and diagnose the issue then send you a proper quote.  If we find it's manufacturer defect we can possibly get you a new part free however warranty never covers labor costs, only materials.

  Customer Answer

  Date: 11/15/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because the business hasn't provided me with a fix to the leak and we still have a large crack in the concrete.  We reached out in March 2023.
  
  Regards,
  
  *********************
  

  Business Response

  Date: 11/17/2023

  Concrete will never be repaired.   It's not under warranty.  Also we have not been at that pool for over a year since it was started and leaks were fixed.  Again you can pay us to repair or replace anything leaking.  Again the part will be under warranty if we find a manufacturer warranty but the labor for anything is never covered under any warranties.

  Customer Answer

  Date: 11/18/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because:  The pool was completed less than a year ago, less than 4 months since reaching out to BBB.org.  Everything is covered under warranty.  The pool heater is leaking and we have a large crack in the concrete.  These items need to be addressed.
  
  Regards,
  
  *********************
  

  Customer Answer

  Date: 11/25/2023

  The case is still unresolved, they did not answer any of my questions regarding their warranty.  They did not fix the issues.

• Initial Complaint

  Date:08/01/2022

  Type:Order 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.

  I signed a contract which specifically states that I had until midnight of the 5th business day to cancel for a full refund. Crystal Blue Aquatics committed to come to my home for the first time for us to finalize everything and get a full render of what the pool would look like. I called **** and explained that I believed there was a cost missing in their estimate as the pool is raised on one side. It would need a raised bond beam. He stated that he wouldnt know that because he hasnt been to the house. I explained to him that all elevations in the yard are on the engineered plans that I provided him before the quote was given. The raised bond beam is on the other quotes I received. He was not willing to come that day and provide an accurate quote. I told him that I was concerned that the quote is not accurate and I was going to cancel the contract since it is the last day I could by contract. He seemed angry at me but said he would come the next day. I sent the contract cancelation which he then replied that he changed his mind and canceled the appointment on me. He said he preferred not to bid on the new pool install.Contract signed on 07/11/2022 and I provided payment of $10,989.50 which cleared my bank.Contract canceled on 7/18/2022 (The 5th business day after contract signing which contract states it is required by midnight on 5th business day)I have made many attempts to reach them by phone, email, and in person with no response. The contract states the following, If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled.It is August 1st, 14 days after they received the cancelation. I do not have a refund and cannot get any response from the company.

  Business Response

  Date: 01/18/2023

  From: *****/New Pool Sales <********************************************************************;
  Date: Wed, Jan 18, 2023 at 3:24 PM
  Subject: *******************************
  To: *********************** <*************@mybbb.org>
  
  ******,
  
  This woman signed our contract then tried to get out of the contract after the 3 day of rule of right to withdraw from contract.  Even though she did not follow our contract rules we still refunded her money in full.  We did not have to do this legally.  At this point this complaint is handled.
  
  ****************************
  Sales and Marketing Manager
  Crystal Blue Aquatics
  Class A# *********** 
  C ************
  O ************
  673 Potomac Station Dr.
  Leesburg, VA 20176