Dolphin Pools and Concrete


Country United States
State China
City Indian Trail
Address 14001 E Independence Expy
Phone (704) 882-6126
Website dolphinpoolsandconcrete.com/

Dolphin Pools and Concrete Reviews

  • Aug 27, 2014

Dolphin Pools & Concrete is an unlicensed contractor performing work of $30,000 or more. I hired them to install an in ground swimming pool. When researching the company through various sources as BBB, Angie’s List, etc. the company is listed as having the appropriate licenses to perform work. That is not the case. I would not have known this, however due to the many communication issues that this company has and the multiple problems that have arisen time after time, I began to do some digging. Initially the owner was great, he seemed very enthusiastic to help us with designing our pool, he had some great ideas and we were excited to begin the project. The contract was signed on 3/21/2014 with a verbal agreement that work would begin within 2-3 weeks. At that point everything changed. We no longer talked to the owner, everything communicated was via a third party, even to the extent of leaving messages on the owner’s personal cell phone, it would be someone from the office that would return the calls.

It is now June 13 and the some of the problems are still not resolved. The owner will not accept responsibility and is quick to point the finger towards someone else. Listed below are just a few of the issues (there have been many more) that remain unsolved:

Stamped concrete – when the concrete was initially poured for the decking, the correct amount was not ordered, leaving the sidewalk un-poured.

There have been multiple attempts to re-pour the concrete to get it to match the original with no luck. The sidewalk has been pulled up 3 times and re-poured 4 and still does not match.

The control joints are not straight and are crooked

Multiple crusting cracks all throughout deck – the owner stated that this is normal and would happen. From researching this, this does not happen with experience stamped concrete installers and can happen from sealing the concrete too fast. This appears to be allowing water to enter through the cracks as when it rains, there are large spots throughout the entire deck that are a different darker color. After a couple days of sunlight, they fade back away. I am concerned that this could lead to multiple problems in the winter if water enters and freezes.

Diving board – the diving board was not centered. I expressed concerns around the diving board placement and if moved it would need additional concrete re-poured behind. I also was adamant that I did not want to take the chance of adding additional concrete if it would not match the rest – the owner assured me that all concrete would match and be the same color.

Diving board rebar was cut to allow reposition of diving board. Diving board is centered – but with the rebar cut that was anchored into the concrete originally, opens concerns for possibly not meeting N.S.P.I standards.

Once centered, the stamped concrete behind the diving board was offset. Part of the concrete was pulled up and re-poured, however it does not match the rest of the concrete, nor the sidewalk.

Pool liner – pool liner was installed in a rush and water was ordered without our consent (as this was not part of the contract as was our responsibility to call check prices and place the order) prior to the pool liner being fully installed. This caused a rush job:

Jet was not cut out and once pump was up and running caused the liner to float, due to the pump blowing behind liner.

Liner was not the correct size – this caused wrinkles, very poor looking vinyl covered steps, and poor fit in the corners.

After multiple calls, the owner came out and finally agreed that the liner was not the right size. A new liner was ordered.

Water was drained, the old liner was removed and a new liner was installed. New liner still does not fit correct at the steps, however is much better than the first time around.

Water was delivered at Dolphin pools expense

Electrician – this was included in our contract. After going through 2 electricians and failing 2 inspections, the work was completed and the trench was filled in.

With the trench being dug after all grading was completed, water tends to pool up and does not drain properly. This has been communicated to Dolphin.

Dirt pile – we were told that a landscaping berm would be made with the remaining dirt pile and placed in front of the pump. This has not been completed.

Bar stools – we designed a bar area inside of the pool with underwater barstools. These stools do not sit in the pool level and are crooked. We were told this would be fixed and it has not. Additionally, we were told that the stools came with ground caps, that could be inserted in the open holes if we wanted to remove the bar stools – we do not have the caps.

Payment schedule – multiple times throughout the project, the owner would send one of his employees to knock on the door to request a check for the next payment. Many times I would tell them no, due to the work for the payment not being fully completed at time of the request. This caused us to receive inappropriate voicemails from the owner requesting his payment.

I want to ensure that anyone who is looking to hire a swimming pool contractor does not have all of the issues that we have faced, especially when a company presents itself as being a licensed contractor. Do not rely only on BBB or Angie’s list as neither verifies licensing documentation. You can check a company’s license via www.nascla.org and select your state.

Information obtained from research:

When researching a company, pay close attention to the name. As Dolphin Pools & Concrete, LLC was previously under two different company names – Dolphin Pools, Inc and Dolphin Concrete, LLC

Dolphin Pools, Inc was identified in the Summer 2006 North Carolina Licensing Board for General Contractors Report “Tracking the Problem of Unlicensed Contractors” for : Dolphin Pools, Inc (Union County 05C241). Dolphin Pools, Inc contracted to construct a pool for a cost of $33,700 unaware that its actions constituted the unauthorized practice of general contracting. A permanent injunction was obtained in Wake County Superior Court by entry of a Consent Order on May 5, 2006.

Dolphin Pools, Inc did have a limited general contracting license in 2009. This has been archived and not renewed. #63001

Dolphin Pools, Inc – Department of the Secretary of State - The entity has multiple deficiencies, for example, is both administratively dissolved and suspended or revoked and suspended as of 5/21/2003

Dolphin Concrete, LLC - Department of the Secretary of State - The Secretary of State has administratively dissolved the business entity for one or more of the following reasons: 1.) its failure to file an annual report, 2.) its failure to notify the Secretary of State that its registered agent or registered office has been changed, its registered agent has resigned, or its registered office has been discontinued as of 7/19/2005.

Dolphin Pools & Concrete, LLC – Department of the Secretary of State – currently active as of 6/16/2011.

Dolphin Pools & Concrete, LLC building permits – online permits were obtained through various counties to show permit applications are being obtained with estimated permit costs of $22,000 on almost every one where a license number is not required and obtained with the work being under the $30,000 general contractor price:

Cabarrus County –

Jill Hastings contract price $34,900 plus $7.50 a square foot for additional concrete – 4/16/2014 permit estimated cost $22,000

Irene Angeli – 9/8/2009 permit estimated cost $30,000

Union County –

Bob & Tracey Ruffalo – 6/13/2014 permit contract value $22,000

Tom Bresnahan – 5/21/2014 permit contract value $22,000

Brad & Monika Butler – 10/15/2013 permit contract value $22,000

Akia Brown – 8/20/2013 permit contract value $22,000

Wayne & Joy fields – 6/27/2013 permit contract price $22,000

Heath & Julie Edwards – 5/31/2013 permit contract price $21,800

Jonathan Rosenau – 3/25/2013 permit contract price $22,000

Elwood Mabry – 1/7/2013 permit contract price $22,000

Mecklenburg County –

Mark Mahoney - 6/16/2011 permit value $22,000

No help with filing a complaint through the better business bureau as they ultimately work for the business and not the consumer. After filing the complaint (below) with the BBB, I was not able to get resolution, nor was my complaint details posted publicly for all to see, like all of the other complaints.

Consumer's Original Complaint :

Dolphin Pools & Concrete is an unlicensed contractor performing work of $30,000 or more.

I hired them to install an in ground swimming pool. When researching the company through various sources as BBB, Angie's List, etc. the company is listed as having the appropriate licenses to perform work. That is not the case. I would not have known this, however due to the many communication issues that this company has and the multiple problems that have arisen time after time, I began to do some digging. Initially the owner was great, he seemed very enthusiastic to help us with designing our pool, he had some great ideas and we were excited to begin the project. The contract was signed on 3/21/2014 with a verbal agreement that work would begin within 2-3 weeks. At that point everything changed. We no longer talked to the owner, everything communicated was via a third party, even to the extent of leaving messages on the owner's personal cell phone, it would be someone from the office that would return the calls. It is now June 13 and the some of the problems are still not resolved. Listed below are just a few of the issues (there have been many more) that remain unsolved:

Stamped concrete - when the concrete was initially poured for the decking, the correct amount was not ordered, leaving the sidewalk un-poured.

There have been multiple attempts to re-pour the concrete to get it to match the original with no luck. The sidewalk has been pulled up 3 times and re-poured 4 and still does not match.

The control joints are not straight and are crooked

Multiple crusting cracks all throughout deck - the owner stated that this is normal and would happen. From researching this, this does not happen with experience stamped concrete installers and can happen from sealing the concrete too fast.

Diving board - the diving board was not centered. I expressed concerns around the diving board placement and if moved it would need additional concrete re-poured behind. I also was adamant that I did not want to take the chance of adding additional concrete if it would not match the rest - the owner assured me that all concrete would match and be the same color.

Diving board rebar was cut to allow reposition of diving board. Diving board is centered - but with the rebar cut that was anchored into the concrete originally, opens concerns for possibly not meeting N.S.P.I standards.

Once centered, the stamped concrete behind the diving board was offset. Part of the concrete was pulled up and re-poured, however it does not match the rest of the concrete, nor the sidewalk.

Pool liner - pool liner was installed in a rush and water was ordered without our consent (as this was not part of the contract as was our responsibility to call check prices and place the order) prior to the pool liner being fully installed. This caused a rush job:

Jet was not cut out and once pump was up and running caused the liner to float, due to the pump blowing behind liner.

Liner was not the correct size - this caused wrinkles, very poor looking vinyl covered steps, and poor fit in the corners.

After multiple calls, the owner came out and finally agreed that the liner was not the right size. A new liner was ordered.

Water was drained, the old liner was removed and a new liner was installed. New liner still does not fit correct at the steps, however is much better than the first time around.

Water was delivered at Dolphin pools expense

Electrician - this was included in our contract. After going through 2 electricians and failing 2 inspections, the work was completed and the trench was filled in.

With the trench being dug after all grading was completed, water tends to pool up and does not drain properly. This has been communicated to Dolphin.

Dirt pile - we were told that a landscaping bur would be made with the remaining dirt pile - not completed.

Consumer's Desired Resolution:

We would like to have money refunded for the concrete work as it has already began chipping in some places, sections that have been repoured do not match the rest of the concrete, and there are multiple crusting cracks all throughout the concrete. This appears to be allowing water to enter through the cracks as when it rains, there are large spots throughout the entire deck that are a different darker color. After a couple days of sunlight, they fade back away. I am concerned that this could lead to multiple problems in the winter if water enters and freezes. Approx. 444 sq ft of stamped concrete included in contract priceAn additional 264 sq ft of stamped concrete at $7.50 SQ ftApprox 708 sq ft @ 7.50 sq ft =$ 5,310

BBB Processing

06/16/2014 web BBB Case Received by BBB

06/16/2014 SM BBB Case Reviewed by BBB Mediation Specialist - Member

06/16/2014 Otto EMAIL Send Acknowledgement to Consumer

06/16/2014 Otto EMAIL Notify Business of Dispute - Member

06/20/2014 WEB BBB RECEIVE BUSINESS RESPONSE : The owner is currently out sick, however, we have contacted the homeowner and will be responding to them on Monday.

06/23/2014 SM EMAIL Forward Business response to Consumer

06/23/2014 WEB BBB BBB REVIEWS CONSUMER REBUTTAL TO BUSINESS RESPONSE : (The consumer indicated he/she DID NOT accept the response from the business.)

It is now 7:30 PM on Monday, June 23rd and Dolphin Pools did not contact us today. Skip the owner, did call us and leave us 2 voicemails on Tuesday, June 17th.

The first voicemail from Skip states "she wants $5,100 for the deck...am I missing something here"? "First off I gave you a heck of a discount on the deck" he continues to say "we still need to get that color better on these 2 pieces".

Then he calls directly back and leaves an additional message stating that it just occurred to him "I resealed your whole deck for you and you told me thank you it looked good, so again I don't know what the deal is here. I am not giving you fifty one hundred dollars back and I don't even know where or how or who came up with this. Um, I am just totally flabbergasted here - I don't know what to say." He goes on to say that he has been "trying to set something up with you for two weeks to do the pool demo" and "low and surprise we get something from the better business bureau... so I guess that was the reason why you didn't want me to come out and demo the pool"? Skip continues "I got Jilts pictures the other day and we have been trying to come out there and demo it for almost three weeks now. So I don't understand where all of this is coming from and if this is the way you guys do business, uh I don't know, I've actually brought people out there and they thought the pool was fantastic, so I mean I just don't understand where all of this is coming from."

My husband called and informed me of the voicemails received from Skip. I told him to just send Skip a text message letting him know that he had received his voicemails, however with all of the communication issues, it may be best to communicate through the BBB.

My husband sent this text to Skip at 1:19PM June 17th

"Hey skip just received your messages, since we have filed a complaint with the BBB so there is no communication issues I think it would be best for it to be handled through the BBB."

At 2:28PM Skip sent a text stating

"Fwd:

What communication issues the and I have been calling you for two and half to three weeks now trying to set up a time to demo your pool and u kept putting us off saying u had to check with Jill and her schedule we haven't heard a word from u the time u talk to u was when u were thanking me for resealing the main part of the deck for your sons birthday party and I told u I would probably have to come out and play with both pieces we colored once the elements kinda got on it because that was poured after the other deck and everything else u had for me to finish we did cantilever filter bar stools etc so other than the color I do not understand y you wrote the BBB if u had more issues y didn't u tell me and what this about returning 5100.00 is that what this is about money I didn't think you and Jill were that type of people and I called to discuss this with you and I knew u wouldn't answer my phone call Jill said you could never talk to me it was always a third party and u RON know that's not true I talk to u almost everyday and sometimes two and three times a day and u know that's true plus texts so again I do not know y u r doing this to me when I've been nothing but helpful I designing your project building it and trying to complete it to your satisfaction as I said if Jill had more issues y wasn't I notified of it you and Jill really supprise me u know I would fix anything eas wrong if u set the app to Demi the pool weeks ago u could have handed me a punch list

Additionally, there were emails between us and Dolphin the week of June 16th. and I have attached the details for reference.

06/24/2014 SM EMAIL Forward Consumer Rebuttal to Business

06/30/2014 OttO BBB No Response from Business re: Consumer Rebuttal

07/02/2014 SM BBB Final Notice to Company Via Phone/Fax/eMail

07/02/2014 SM BBB RECEIVED BUSINESS' REBUTTAL RESPONSE : 1 - No Longer Spoke to the Owner - Third Party:

There is no third party at Dolphin Pools & Concrete. There is a business office with office staff whose responsibility it is to coordinate work being done, pull permits and communicate with homeowners and customers.

The owner of Dolphin Pools and the office staff spoke with Mr. Hastings on a daily basis and sometimes several times a day during the entire project. The owner was on the property nearly everyday of the project and met with Ron Hastings many, many times at the job site. Jill Hastings was totally unavailable to speak to during the day when work was being performed, and only communicated through emails during the evening when the office was closed. Never once was anything inappropriate conveyed either to Jill Hastings or her husband Ron Hastings.

2. - Liner - Ordering Water

The homeowners specifically asked Dolphin Pools to order and coordinate the water delivery for the pool. There were 4 workers who spent the entire day prepping the pool for the liner and water. There was no RUSHING in the preparation. The liner itself was incorrectly made by the manufacturer, which is not our fault. Dolphin Pools immediately ordered the new liner and re-filled the pool at our expense and it fits perfectly.

3 - Electrical

The electrical inspection failed once, which is not uncommon at all. We did change electricians as the first electrician did not work out. This was also at our expense, not the homeowners. The electrical work was a nightmare for the electrician because of the trenching involved due to where the homeowners elected to have their filtration. Therefore additional costs of $580.00 were incurred, which again, Dolphin Pools incurred the expense. The homeowners had been informed that any additional costs for anything out of the ordinary would be their responsibility, however, they did not want to hear it.

4 - Trench

The trench was the electricians responsibility, however Dolphin Pools filled in the trench so it would drain properly.

5 - Dirt Pile

It was suggested to the homeowners that the extra dirt taken from digging the pool could be used for a berm in front of the filtration. This was a suggestion and was not contracted for. As of today it has not been completed because we are not allowed in the yard. It is now up to the homeowner.

6 - Dirt

The homeowners were quoted $60 - $80 per truck load to haul dirt out of their yard. The owner of Dolphin Pools found a place to dump it which was much closer and we hauled it for free. They should have been charged between $550 and $700. But again, it was at our cost.

7 - Bar Stools

Dolphin Pools installed the bar stools at the height received from the manufacturer. The owner took out the bar stools and cut and reinstalled them and they were crooked. However, Dolphin Pools did get in the pool and we corrected them as much as possible. The owner was there and they looked straight. The caps that were promised them were on back order. We now have them at our office.

8 - Payment

At no time did the owner of Dolphin Pools ever call and make inappropriate comments. The customer always paid us on time. This is a total falsehood.

The real complaint is two sections of concrete that do not match. We have stated several times to the homeowners that we will work with it until we match it. It is the owners wife that has the opinion that she has become an expert on concrete.

Dolphin Pools had another contractor and mason contractor look at the project and they thought it was beautiful especially the bar that Dolphin Pools designed for them.

The ACTUAL small things are very minimal and we have said we would take care of them. However this sounds more personal and about money than anything else.

The actual concrete that they were charged for was $1750.00 and that was discounted down. Ms. Hastings is saying that 750 sq.ft. @ $5100.00 should be refunded, but they didn't pay that. The 4' around the perimeter of the pool, they were never charged for. If they were to receive $5100.00 from Dolphin Pools that would mean they received all decking for nothing and they still have the use of it.

Again, I believe this is all about money, the way the list is so long - complaining about things that are done and out of our control to make the list longer.

Dolphin Pools proposes the following settlement: Either continue coloring the concrete to match, although even if perfect, I am not sure the owners would accept it. Or, refund $1750.00 for the extra concrete they had us pour, in order to resolve this matter.

We do not feel comfortable working with them, nor do we want to work with them after all the falsehoods they have claimed. No matter what Dolphin Pools finishes it still probably would not be right.

Dolphin Pools called, e-mailed and texted the homeowners, and conveyed to them that we would continue to color the deck (parts that do not match) and fill back in one of the other trenches from the electrician and do the berm. However, the project keeps stalling because they will not commit to us coming back in the yard.

07/02/2014 SM EMAIL Send Business' Rebuttal Response to Consumer

07/03/2014 WEB BBB CONSUMER REJECTS BUSINESS' FINAL OFFER : (The consumer indicated he/she DID NOT accept the response from the business.)

The rebuttal from the business is completely false and I have attached a document with emails and voicemails embedded in it to support our claims. As stated there are multiple items that are not corrected and we are not asking for those to be corrected as part of our desired resolution, We have not communicated to Dolphin that they were not allowed on our property.

It really upsets me that it has come to this. The business has not addressed why they present themselves as being a licensed general contractor completing work of $30k or more, when they are in fact not licensed and have already received a permanent injunction for unauthorized practice of general contracting in Wake County Superior Court on May 5, 2006.

We do not accept Dolphin's proposed solution as they have already re-poured the sidewalk concrete 3-4 times and have attempted to correct the color multiple times (at minimum 6). This project has already been pulled out and with the numerous times Dolphin has attempted to correct the concrete color issues with no luck and the other issues we face with the control joints being crooked, the crusting cracks, the color, the holes and bubbles we would like to have the entire concrete decking re-poured all at the same time where the color matches and the concrete is poured, stamped, and control joints are completed correctly by a licensed contractor.

Desired resolution:

Original desired resolution: We would like to have money refunded for the concrete work as it has already began chipping in some places, sections that have been repoured do not match the rest of the concrete, and there are multiple crusting cracks all throughout the concrete. This appears to be allowing water to enter through the cracks as when it rains, there are large spots throughout the entire deck that are a different darker color. After a couple days of sunlight, they fade back away. I am concerned that this could lead to multiple problems in the winter if water enters and freezes. Approx. 444 sq ft of stamped concrete included in contract price. An additional 264 sq ft of stamped concrete at $7.50 SQ ft. Approx 708 sq ft @ 7.50 sq ft =$ 5,310

Or

We are also willing to hire a pool inspector company, at our expense, to complete a review of the pool work performed and provide a report of their findings and recommended pool repairs, if any .Should items be identified in need of repair or replacement, we would like to have Dolphin be responsible for payment of the repairs and not fix it on their own, as per Dolphin's earlier response "We do not feel comfortable working with them, nor do we want to work with them after all the falsehoods they have claimed. No matter what Dolphin Pools finishes it still probably would not be right".

07/16/2014 SM EMAIL Forward Consumer Rebuttal to Business

07/21/2014 WEB BBB RECEIVED BUSINESS' REBUTTAL RESPONSE : Ms. Hastings states that she is upset that this has come to this and that they never said we were not allowed on their property. However, we were told by Mr. Hastings that they no longer wanted to communicate with us directly. We have not been able to communicate with Jill Hastings throughout this project as she is not available during the day to speak to even though she works from home.

It is greatly surprising that the Hastings should contact the Better Business Bureau when we have always been in contact with Mr. Hastings and never told them we would not correct issues that needed to be fixed. On the contrary we have been working right along to complete this project to their satisfaction, and we have always been willing to work with the Hastings. However, because Ms. Hastings felt the need to contact the Better Business Bureau, we have to assume that she may never be satisfied with any of the work, and is simply looking for money.

Considering that Ms. Hastings complaints seem to revolve around the concrete decking and the money involved, we do not understand the need for a "pool inspector". There are no real pool inspectors in the area. Most pool companies, like ourselves, will do a pool inspection for a prospective home buyer to make sure everything is operational, in the hopes of doing work on the pool. The only "inspectors" are through the county or town where the permits are pulled. This pool passed those inspections. There have been no complaints about the pool and its operation and we are sure that Ms. Hastings and her family are using and enjoying the pool. If Ms. Hastings wants to bring in another company, any warranties actual or implied on any parts of the project will be voided.

As the builder on this project we have the right to correct whatever problems Ms. Hastings thinks she has, as we have continued to try to do. But, we are certainly not going to pay for Ms. Hastings to have someone else come in. We are not a company that walks away from a project never to be heard from again.

We have offered 6 or 7 times to match the color on the decking. However, money seems to be more of an issue than actually fixing anything, We can certainly tear out the section of sidewalk that Ms. Hastings is not happy with and pay the short load charge to bring in a concrete truck and mix the color on the truck, and repour it, which is the way Ms. Hastings says she wants it done. At that point we can look at and address any other issues with the decking. Again, we would be happy to fill in the trench left by the electrician, which is not our job. As we stated before, Ms. Hastings wants a refund of $5300 for all of the concrete work that was done, however, that is not what she actually paid for the work. She paid $1750.00. We will not be refunding $5300.00.

We will fix the sidewalk section in the manner stated above, fill in the electricians trench, and address any other issues she has with the deck; or we will be happy to refund the $1750.00 that the Hastings actually paid for their concrete with the understanding that they will sign a waiver releasing us of any and all present and future responsibility and obligations for their total project, which includes the pool, filtration, electric and concrete work.

07/21/2014 SM EMAIL Send Business' Rebuttal Response-Special Attention

07/23/2014 SM BBB BBB REVIEWS CONSUMER REBUTTAL TO BUSINESS RESPONSE :

No I do not accept Dolphin's offer. I understand that the business is offering to match the concrete color, however this has been done 5-6 times and we are no further than we were to begin with.

If Dolphin pools is not at fault for their work on the pool, why would they ask me to sign a waiver releasing them of all present and future responsibilities and obligations for their project?

If we were looking for money as stated by Dolphin Pools, we would have taken the money that was offered of 1,750 3 weeks ago. The point is that Dolphin was paid for approximately 700 sq feet of concrete and 1,750 will not replace the concrete and will cover only 200-250 sq feet.

We were hoping to resolve this matter through the BBB without having to file a Homeowners Recovery Claim with the North Carolina State Licensing Board , however with Dolphin not commenting or owning up to the fact that they are performing construction work without the appropriate licenses ,their statement made on 7/2/14 stating "We do not feel comfortable working with them, nor do we want to work with them after all the falsehoods they have claimed. No matter what Dolphin Pools finishes it still probably would not be right", the fact that they want a waiver signed releasing them of responsibility and not wanting a pool inspector to inspect the pool at our cost, makes it clear to me that they are aware of the defects of their work and have no plan to ever make this right.

The business has not addressed why they present themselves as being a licensed general contractor completing work of $30k or more, when they are in fact not licensed and have already received a permanent injunction for unauthorized practice of general contracting in Wake County Superior Court on May 5, 2006.

We do not accept Dolphin's proposed solution as they have already re-poured the sidewalk concrete 3-4 times and have attempted to correct the color multiple times (at minimum 6). This project has already been pulled out and with the numerous times Dolphin has attempted to correct the concrete color issues with no luck and the other issues we face with the control joints being crooked, the crusting cracks, the color, the holes and bubbles we would like to have the entire concrete decking re-poured all at the same time where the color matches and the concrete is poured, stamped, and control joints are completed correctly by a licensed contractor.

07/23/2014 SM EMAIL Forward Consumer Rebuttal to Business

07/25/2014 SM BBB RECEIVED BUSINESS' REBUTTAL RESPONSE : see attached

07/25/2014 SM EMAIL Send Business' Rebuttal Response-Special Attention

07/30/2014 SM BBB CONSUMER REJECTS BUSINESS' FINAL OFFER : Thank you for your help in trying to resolve this matter, however we do not accept the businesses response.

Being that we are only asking to be refunded for what we have been charged and are not asking for the replacement cost, which will increase due to break-up and removal of the concrete. Additionally we are not requesting completion/repair of any other issues that we have identified. Unfortunately we can not accept the businesses offer and understand if there is no further assistance that you can give.

I think it is very unfortunate that our stamped concrete have so many defects and it has only been a little over a month and with so little wear, continue to become worse. Not to mention the fact that the sidewalk and behind the diving board are different colors than all other decking, due to not being poured at the same time, which in turn has required Dolphin to re-pour the sidewalk 4 times and re-color 5-7 times, only to now have chip marks from where the concrete was painted with a thick paint and left with huge air bubbles that have now popped and show bare concrete beneath.

Dirt was sealed between the sealer and concrete and can not be washed away, pictures attached.

Multiple crusting/surface cracks, holes or surface pores, filling on cantilever edge falling out and crooked cuts made throughout decking:

Please advise if additional steps can be taken to resolve this matter or if other avenues will need to be pursued.

Attached are picture of concrete issues that were taken today July 29th.

07/30/2014 SM BBB Bureau Judged Case AJR

07/30/2014 Otto BBB Inform Consumer - Case ADMINISTRATIVELY CLOSED

07/30/2014 Otto BBB Inform Business - Case ADMINISTRATIVELY CLOSED

07/30/2014 Otto BBB Case ADMINISTRATIVELY CLOSED

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