Blue Haven Pools Lewisville/Southlake scum of the earth ripoff liars Southlake/Lewisville Denton Texas

To whom it may Concern:

Please be advised that we (Thomas A. Paver III and Cynthia L. Paver) have resolved our dispute with Blue Haven Pools National Inc. to our satisfaction.

Thomas A. Paver III and Cynthia L. Paver

Denton Texas

Actually it was a restraining order that Austin England threatened us with today, not a lawsuit.

The lawsuit they threatened us with back in September of last year after they excavated without prior approval by owner.

Just want to make sure that this is correct when the legal team reads it. I don't want to get sued for saying lawsuit when I should have said restraining order.



At any rate the pool is still not done. They need to get someone out here that wants to build us a pool not file lawsuits and restraining orders.



Believe us when we say that after seven months of a Nightmare with Blue Haven Pools we wish we could just drag that cesspool out of our yard and fill the hole in. These people are nuts!

Today I received a call from Austin England who claimed to be an Attorney representing Blue Haven Pools. He said that he was at the courthouse and prepared to file a lawsuit against us for publishing disparaging remarks and that they( I would guess Blue Haven) needed it to stop NOW or the .....lawsuit.



Well Blue Haven....we really wanted a pool and got a cesspool instead. It has been seven months now for a four to six week project.

Your company had the opportunity to build a showcase pool in our new neighborhood to demonstrate your pool building skills.

Your employees screwed up the job and it hasn't been fixed yet.



Instead you would rather use your time and energy with lawyers and lawsuits. That should tell everyone a lot about Blue Haven Pools.

Just so everyone knows that this isn't resolved until you hear otherwise from me.

Seven months now and still no pool!

Just to update everyone on our ongoing conflict with Blue Haven Pools National, Inc.

Daniel Schreimann, P.C. offered to meet us on February 5th 2003,at our convienence to discuss the pool situation.



For everyone's information Daniel Schreimann 214-522-6262 is connected to every business that is or was any form of Blue Haven Pools.



Don't you all agree that after six months of dragging their feet(on a four to six week job) that is was awful kind of this gentleman to meet us at our convienence? Mr. Schreimann even met us on a cold rainy night at poolside to look at the cesspool his employees built. Of course he did try to worm, slither and excuse their mistakes away. He then followed up with a letter stating that they would pay for our attorney and engineer fees( $700 so far) upgrade to safety coping at no charge, provide an additional 100 sq ft of decking,installation of tile spotters at each step, installation of (1) medium turtle # 49 Artistry in Mosaics, and give us a two colors of tile minus the extra $250 they were going to charge us for it. And that they were also going to fill in the two six inch by thirty six inch gullies that were mitakenly notched out between the spa and fountains. All that this gentleman Mr. Daniel Schreimann asked of us was that we dispurse $11,644.00 for the gunite.



Funny thing is our contract states "after" we are satisfied with the gunite. Do you all really think that after we have waited seven months for a pool we are going to just whip out the checkbook & write away LOL! All together now....not just no but HELL NO!

Heck we don't even know if these guys CAN build this pool?!?



After all if they could it would have been done over five months ago and it would have been us in the hot seat for not paying them. Because the funds for this pool are being held in escrow and we can't touch them except to release them to Blue Haven National Inc. AFTER satisfactory completion of each stage.



So imagine our surprise when we opened a letter 3/1/03 from the Dallas Better Business Bureau stating that this matter had been resolved as a satified complaint because they hadn'nt heard from us in thirty days. Ok so do the math here. We have a letter from them dated February 14th 2003 stating that we have 30 days to respond and the most recent one dated February 16th 2003 stating that it had closed the complaint. It is very plain to see who the Dallas Better Business Bureau is working for. Certainly not for the consumer. But we have responded to the Better business Bureau to Daniel Schreimann, P.C. of Blue Haven Pools National Inc.,to the National Spa and Pool Institute Butch Millen fax 817-251-5855 and Jana Auringer of NSPI 972-745-1300. We have also filed a formal compalint with the Attorney General's office in Dallas.( Complaint forms can be printed out online at http://www.oag.state.tx.us) Copies of those four complaints are as follows: (Please feel free to copy,modify to fit your specific situation and forward to the appropriate office)

(1)

DanielW.Schreimann,P.C.

8235 Douglass Avenue Suite1020 Hm 940-591-8262

Dallas, TX. 75225



Dear Mr. Schreimann,

Regarding the debris left on our property:

According to our Homeowners Association's Declaration of Covenants, Conditions and Restrictions for Wind River Estates Article three Restrictions On Use Of Lots 3.4 sec. (g) No portion of the Addition shall be used as a dumping ground for rubbish or a site for the accumulation of unsightly materials of any kind Materials incident to construction of improvements may be stored on lots during construction so long as construction progresses on such lots without delay.

As previously stated, in the normal course of pool construction we would expect that trash and work materials be hauled off according its normal construction schedule. The almost seven months we have been waiting for Blue Haven to do the right thing goes way beyond what any reasonable person would construe to be a normal construction schedule.



Therefore, as requested again on February 5th the mounds of gunite/lumber and trash left from Blue Haven having to re-excavate and make substantial repairs to our fountains is going to be removed. Prior to any funds being released.



Regarding repairs to our pool:

We have been previously been told by Blue Haven staff that the gullies mistakenly notched out between our fountains and our spa would be filled in when the repair was made to our fountain. Because Blue Haven was negligent in doing so is no fault of ours. We need to actually see that Blue Haven is making a good faith effort to build us a pool. Most of what we have seen from Blue Haven National has been far from what our contract called a workmanlike manner.



Regarding the release of additional funds:

Blue Haven National, Inc was overpaid 10% for excavation due to the necessary retainage fees not being withheld at the first disbursement. Therefore if and when Blue Haven National Inc agrees to continue with this contract an additional $1095.00 will be withheld from the second disbursement. And of course all of the retainage fees will be released to Blue Haven National if and when it meets the conditions stated in section 4 and 10 of the Instructions for release of funds.



According to your letter dated February 10th 2003 Blue Haven National has agreed to the following conditions:

1.Blue Haven to renew pool permit if necessary

2.Upgrade coping to 12-inch safety coping, at no extra charge.

3.Provide an additional 100 sq, foot of decking, at no extra charge.

4.Choice of two colors of tile in style of choice previously selected at no extra charge

5.Installation of tile spotters on each step, at no extra charge

6.Installation of one (1) medium turtle, #49 Artistry in Mosaics at no extra charge.

7.Credit of $400 for the engineering expense we have incurred.

8.Credit for $300 in Attorney's fees we have incurred.

9.Filling in of the two six inch by thirty-six inch gullies between the spa and the fountains.

When items 1, and 9 are met and the mounds of gunite/lumber and trash removed we will release $10,590.50 for the gunite with the additional funds being released per section 4 and 10 of the Instructions for release of funds in addition to the amounts agreed to in the August 19th addendum. To be paid when items # 1,# 9 and gunite/lumber/trash are removed $10,590.50

And a new addendum signed by Blue Haven National Inc. and us agreeing to upgrades to compensate for construction errors.



We are looking forward to working with Gary Levesque in the expeditious completion of our long overdue swimming pool. To date we have had approximately six months of broken promises and harassment by Blue Haven National Inc. Please see that our requests are followed though with so this project will not be further delayed.

Thank you for your attention to this matter.



Sincerely,



Thomas & Cynthia Paver

(2)

Better Business Bureau Of Metropolitan Dallas, Inc.

1600 Pacific Avenue Suite 2800 Dallas, Texas 75201

Phone 214 /220 2000 Fax 214/ 740 0326



RE: Blue Haven Pools National Inc.

Dear Angela Ramirez,

In regards to the response sent to you from Blue Haven National, Inc.; I have enclosed our reply to their offer of settlement on the two attached pages.



We signed a contract to have a pool built by Blue Haven National, Inc. On July 25th 2002. This was almost seven months ago. And now what we have in our yard instead of a pool, is a cesspool. Blue Haven National, Inc. has spent most of six months harassing us for payment when, in fact, the pool was not built to plan.



Their latest offer falls short for the following reasons:

1.The pool was not built to plan.

2.The repairs have not been completed to the gunite shell

3.We have been living with mounds of their trash in our back yard for almost seven months while they have badgered us for payment.

4.We have had expenses for Engineer fees and Attorney fees, lost time from work, expenses for seven certified letters.



We would expect that construction debris be cleaned up according to a normal construction schedule. However, the six months Blue Haven National, Inc. has spent harassing us is way beyond what any reasonable person would call a normal construction schedule.



As long as Blue Haven National, Inc. continues its current course of action we will have no choice except to follow through with legal proceedings.



Sincerely,



Thomas & Cynthia Paver

(3) National Spa & Pool Institute

(817) 251-5865



Dear Mr. Millin,

Thank you for your call on Tuesday February 25th regarding our progress with Blue Haven Pools National, Inc.



We are sending a copy of the offer made by Daniel Schriemann, P.C of Blue Haven Pools National Inc. and a copy of our reply.



The funds for this pool have been held in escrow for the last seven months and would certainly have been released long ago had this pool proceeded according to the contract and was built to plan.



No consumer should ever have to go through this lengthy process to simply have a pool built. Granted people make mistakes.



Reasonable people remedy their mistakes for the benefit of everyone involved and move on.

Instead, Blue Haven National, Inc. has made written and verbal threats to sue us from the onset.



When, as stated in previous documentation, Blue Haven National, Inc. breached the contract. First, by excavation without approval of layout by owner, second, by the significant errors in construction of our pool and fountains, and finally by the long overdue completion promise of four to six weeks to build our pool.



Every bit of progress towards a remedy has been unreasonably slow. This causes us to wonder if in fact Blue Haven, National, Inc. can build this pool.



If they could build this pool to plan we would have had no grounds to withhold the funds. Yet Blue Haven National, Inc cannot even make it through the gunite stage.

Any help you can give us with this matter would be greatly appreciated.



Sincerely,



Thomas & Cynthia Paver

940-591-8262

(4)

Office of the Attorney General

State of Texas

1600 Pacific Suite 1700

Dallas, Texas 75210



RE: Blue Haven Pools National Inc.



Dear Greg Abbott,

We signed a contract to have a pool built by Blue Haven National, Inc. On July 25th 2002. This was seven months ago. And now what we have in our yard instead of a pool, is a cesspool. Blue Haven National, Inc. has spent most of six months harassing us for payment when, in fact, the pool was not built to plan.



I have enclosed our reply to their offer of settlement on the two attached pages. We have not heard a response from them as of the date of this letter.



Their latest offer falls short for the following reasons:

1.The pool was not built to plan.

2.The repairs have not been completed to the gunite shell

3.We have been living with mounds of their trash in our back yard for almost seven months while they have badgered us for payment.

4.We have had expenses for Engineer fees and Attorney fees, lost time from work, expenses for seven certified letters.



We would expect that construction debris be cleaned up according to a normal construction schedule. However, the six months Blue Haven National, Inc. has spent harassing us is way beyond what any reasonable person would call a normal construction schedule.



As long as Blue Haven National, Inc. continues its current course of action we will have no choice except to follow through with legal proceedings.



Sincerely,



Thomas & Cynthia Paver

Denton,Texas

tpaver@flash.net

940-591-8262

(5)

Our complaint was also sent to the corporate office in California. to

Alvin Eisman, Felix Zamel at 636 Broadway Ste 310 San Diego, CA 92101



If anyone is interested in using Blue Haven National, Inc to build their pool...grab a shovel & start digging. It will be faster.