Doing 175k job, I'm sure there is a contract which should specify the amount of time this job should take. Weather delays is understandable but it doesn't sound like this is the problem.

If he underbid the job that is his problem. Yes, there is a possibility to encounter unforeseen situations throughout the course of the job and that should have been brought to your attention and he should submit the extra costs if any exist... but that also don't seem to be an issue.

Sounds like not having his own crew, he took to much work on especially with pool business and him subcontracting everything, he cannot control the schedule of his subcontractors who have other work besides him, and this why he hasn't been back.

Sent him a certified letter requesting work completion and give him reasonable time (3-5 days or so) to get his guys there to finish the remaining work and if you don't hear anything back within that time, tell him you will contact your attorney and take legal action.

our pool redo started last labor day and now its memorial day after a record warm winter in the northeast... the GC seems as annoyed as we are... its our circus but his monkeys just wont get the last things done. so, i hear you.

swimmingly yours,

Before you get to the threatening stage, try and schedule a time to have a discussion with your pool builder. He is doing a good job by your own admission, so the issue is solely based on time. It's pool building season and these guys have a lot of plates to keep spinning. A delay on one pool job, delays everyone else. If your pool builder has a good tiling crew, rain delays mean that every other pool on the build schedule gets delayed as well and the builder might have three or four pools before yours to get tiled when the weather is nice.

I think I would check into hiring one of the largest local landscape architectural firms as a consultant for brief periodic check-in site visits and conversations with the pool builder until project completion. That person can act as an intermediary and the pool builder will know their work/timing is now being evaluated by a firm that could bring them future business.

First off, that is an above average outdoor project. Did you vet your contractor? was he your low bid? Unexpected construction delays can generally happen anyways, but weather is an absolutely killer because it strikes a chain reaction. 75% of contractors, pool or building usually have at least 2 -4 projects going on at one time. Some pool contractors are flipping 10-15 at a time depending on size. If not, you just can't survive. Even a business who subs everything out. Have you made any changes along the way? Any material Delays? If your contractor has a good reputation in your area and has been in business for a while, I'm sure he would like things to move faster as well. Its not in his best interest for the project to drag out. I prefer not to knock someone for how he schedules his work, everyone does it different. I myself have been questioned at times and I tell my clients everything is done for a reason. Now, if your space is more involved , sometimes you just can't have certain subs onsite at the same time. I'm sure most of the sub contractors bids were based on work being done at certain stages. They are just not going to show up and work in bits and pieces . Then they are losing money. I have actually heard worse horror stories here in Florida on simple "Pool Only" projects being delayed multiple months.

Referring to your draw schedule, I do not see anything wrong. We ourselves often work in 1/3, unless we have higher end items to special order or pre order. Sample:

Small Draw at Signing of Contract

1/3 after permit provided, 1/3 at a certain point in project, balance upon completion.

When larger money involved another draw is commonly thrown in to help float materials being purchased at odd times and can then make the balance 10-15%.

I can understand the contractor becoming angry if your on him all the time, especially if he has explained himself in a reasonable manner that make sense. Sometimes its easier to judge from the outside looking in, especially when you come home everyday and look at your back yard. Now, if he has had nothing to offer you for explanation and job site is wrecked, trash all over the place etc. Then I could see getting more concerned. Like I referred to earlier, if he has a good reputation in your are?. Trust his experience and let him make your project beautiful. Do not bring in outside party to contradict him or try and supersede. It will make things worse. Best of luck. Hope all works out.

Steve, Glad things look positive and meeting went well. I'm sure it will turn out beautiful.

You paid way too much up front there is now no incentive to do the work as a business owner you should have known better

I disagree with you there Patricia. There's an enormous incentive for that 10%. Costs and expenses come out of everything else. That 10% is the bit that the business owner gets to keep after everything else is paid. The payment plan with the pool builder appears to be relatively standard in my view.

Patricia, What do you think is acceptable? My opinion 15% MAX left on the table for that size job. Like Solar mentioned, thats probably the builders profit. Usually thats how it works. Why would "Builder" leave more out, owner complain, hold money, and "Builder" can't pay his men and lose profit. Has to be a happy median. "Builder" not supposed to use his money to do owners project. Sometimes if a lot of money is left on the table and draws didn't coordinate well with delays in the schedule, that last bit of money could be a ways off and then "Builder" Scrambles at the end just to finish.

My suggestion was not to bring in an outside party to supersede or contradict the pool builder; it was a last resort idea to have a knowledgeable intermediary attempt to see the increasingly contentious project to completion in the backyard instead of a courtroom. I think the pool builder still has an incentive to do the work. Reputation and referrals translate to future dollars. Larger projects do take longer and are therefore subject to more delays. Delayed quality is better than timely shoddiness, and happy contractors tend to produce better work than angry ones. I'm sure the original poster knows that and was simply experiencing the frustration of an industry where deliverables are more subject to delay.

My PB has 76,000 of my money. I have a hole that has been blown with gunite and a construction mess in my backyard. There are also liens from the Gunite sub, the Excavator and the Steel Sub. Why should the PB get get 10% down 40% at Excavation and he was supposed to get another 30 after the gunite BUT HE DID NOT PREFORM. and 2 days later I started getting liens. So don't listen to anyone that tells you to pay upfront. A neighbor is having their pool put in and their deposit is 2500. yes 2500 until complete.

"Why should the PB get 10% down 40% at Excavation"

There is no reason and he shouldn't get so much money, but you agreed to his terms and you shouldn't have. it only cost a few grand give or takes to dig a hole.

That said, he probably got a few more deposits like that and most likely he is long gone... Seen this happen before.

Good luck