Hilltop was hired to construct a vinyl swimming pool on the Project for a set price (“Agreement”). Hilltop failed to adequately prosecute and diligently perform its work on the Project as required under the Agreement. As a result, I dismissed Hilltop Pools and requested the return of my deposit.
On July 20, 2016, I entered into a contract with Hilltop for the construction of vinyl swimming pool. According to the Agreement, all work was to be performed for $33,300.00. According to the terms listed in the Agreement, I was to pay $1,665.00 as an earnest deposit as well as for planning and permitting of the Project. Other progress payments were to be made at certain points during the construction of the Project. However, soon after the Agreement was executed, I began to experience significant delays and excuses from Hilltop during the permitting process.
Contractors are generally required to perform work in a workmanlike manner and otherwise comply with the terms and promises identified in their contract. Specifically, the Agreement provides that Hilltop agrees to “commence work as soon as practicable after the signing of this Contract and shall use best efforts and work diligently on construction and completion of the pool.” Hilltop, however, failed to comply with these obligations with respect to the Project.
We discussed during our initial meeting that the septic lines would need to be moved. I provided Hilltop with the septic layout on June 22, 2016 and the property plat on July 7, 2016.
Prior to hiring Hilltop I contacted the
Environmental Health Services to get an idea of everything that would need to be done for my project. They informed me that the pool install and septic reroute had to be applied for at the same time. Hilltop refused to apply for both even though EHS said this was required.
Hilltop claimed they emailed someone at the building department for verbal approval. I called the building department and spoke with 3 people from 2 dept’s and they stated that this procedure was only allowed in person and not through email. Hilltop finally initiated contact with the building department on August 25, 2016 after the owner and I had a discussion about project delays that morning. A conversation that included him telling me that my issues were “white noise” to him.
Hilltop received a vague response from the building department indicating that “if” the pool is 5′ from the property line then it should be fine. Clearly Hilltop did not provide the plat layout with the pool location so I didn’t understand why I had to wait over a month for this generic response that would apply to any property. Also, they received this response within 30 minutes and did not inform me of this “approval” for 4 more days.
Instead of waiting on Hilltop I made an attempt to apply for the pool/septic reroute on August 24, 2016. There was no additional paperwork for the septic reroute. The only requirement for the septic was a single sentence written at the bottom of the pool application stating that I would be moving septic lines and an additional fee. The application, however, would not be accepted because the scale drawings provided by Hilltop were missing dimensions. I asked for the dimensions the same day but did not receive them until about a week later.
During the month of September, little to no additional assistance or progress was made on the Project and excavation still had not taken place. Fed up with the lack of progress, lack of assistance and the owner’s crass attitude and language on our final phone call where I was called “cheap” on October 4, 2016, I terminated the Agreement and asked for my initial deposit back.
To this date, Hilltop has not returned my initial deposit. Due to the significant delays and lack of diligence in prosecuting the construction of the Project, I was delayed in the enjoyment of my pool after having to hire a new contractor to construct the pool promised by Hilltop.
I ended up hiring Pure Pools LLC in Lawrenceville, GA. The experience with them was stellar. Hilltop was one of the worst experiences I’ve ever had with a contractor.
