I am writing you in regards to pool construction at my residence. I contracted with a pool company 1 in march of this year. I was having issues
with the quality of work the company was doing and then I received a call late one night from one of their subs threatening a lien on my house stating the company had not payed them. I called the pool company first thing in the morning and they said not to worry. A few days later I received a 20 day lien notice. I call called the pool company again and I left a message but heard nothing. I called again the next day and the phone was disconnected. A week or so later I received a call from a different pool company stating they would be finishing my pool. I said that would be great but I wanted something in writing stating information regarding payment of subs that had filed a 20 day notice along with a revised contract stating they would warrant the pool as originally contracted. They stated they were only completeing the pool and would only warrant work they did!
At this time I told them to stop all work until I had something from them
explaining this to me in writing. I didn't hear anything from them for approx. 30 days until I received a letter from pool company 1 stating the new
company was their legal successor. The letter was on photocopied letter head with no names or dates sent by regular mail. I followed up with a certified letter stating my original request regarding warranty including issues such as the potential of sub liens and electrical box being damaged. Another week passed and I received a 20 day notice from pool company 2 for the full amount of the pool. I called pool company 2 again asking if they had purchased the original company and if they could provide me with documentation. They stated that they did not purchase pool compnay 1 and would not warrant the entire contract. I reiterated that I wanted something in writing. I called back several times but didn't' get a call back. This had been going on from the beginning of June, it was know late September and finally the owner of pool company 2 happened to answer the phone, informed me that I would need to work through their lawyer and that they would have him contact me. I didn't hear anything for a week so I called back and left several messages but never received a return call. Other than the 20 day lein notice and threatening letter from pool company 2 I have never recieved any documention from them. Having paid for the work completed to date I had another company complete the remainder of the pool which was completed the second week of December. Then on Dec. 15th I received a letter from pool company 2 wanting me to pay them and threatening me with a law suit for breech of contract and unjust enrichment if I don't pay them by the end of the month. I don't feel this is right as I didn't contract with them and they never provided any materials, labor or documentation to me but want to be paid anyway. What are my options.
Thanks in advance
with the quality of work the company was doing and then I received a call late one night from one of their subs threatening a lien on my house stating the company had not payed them. I called the pool company first thing in the morning and they said not to worry. A few days later I received a 20 day lien notice. I call called the pool company again and I left a message but heard nothing. I called again the next day and the phone was disconnected. A week or so later I received a call from a different pool company stating they would be finishing my pool. I said that would be great but I wanted something in writing stating information regarding payment of subs that had filed a 20 day notice along with a revised contract stating they would warrant the pool as originally contracted. They stated they were only completeing the pool and would only warrant work they did!
At this time I told them to stop all work until I had something from them
explaining this to me in writing. I didn't hear anything from them for approx. 30 days until I received a letter from pool company 1 stating the new
company was their legal successor. The letter was on photocopied letter head with no names or dates sent by regular mail. I followed up with a certified letter stating my original request regarding warranty including issues such as the potential of sub liens and electrical box being damaged. Another week passed and I received a 20 day notice from pool company 2 for the full amount of the pool. I called pool company 2 again asking if they had purchased the original company and if they could provide me with documentation. They stated that they did not purchase pool compnay 1 and would not warrant the entire contract. I reiterated that I wanted something in writing. I called back several times but didn't' get a call back. This had been going on from the beginning of June, it was know late September and finally the owner of pool company 2 happened to answer the phone, informed me that I would need to work through their lawyer and that they would have him contact me. I didn't hear anything for a week so I called back and left several messages but never received a return call. Other than the 20 day lein notice and threatening letter from pool company 2 I have never recieved any documention from them. Having paid for the work completed to date I had another company complete the remainder of the pool which was completed the second week of December. Then on Dec. 15th I received a letter from pool company 2 wanting me to pay them and threatening me with a law suit for breech of contract and unjust enrichment if I don't pay them by the end of the month. I don't feel this is right as I didn't contract with them and they never provided any materials, labor or documentation to me but want to be paid anyway. What are my options.
Thanks in advance
