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You have every right to not pay him until the job is completed to your satisfaction. The pool company is in default and is not entitled to payment until the job is completed to your satisfaction. If they won't resolve this issue to your satisfaction, raise the stakes on them. First, get an estimate from another pool company of the cost to properly finish the project, including any remediation of the problems. Then, send the existing pool company a certified, return receipt requested letter detailing the history and their default, and demand they pay you what it will cost you to have the new pool company complete the job satisfactorily since you no longer have confidence in them. Inform them that if they do not comply with your within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract
case, but also as fraud, gross negligence, and deceptive trade practice
causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages
. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the judgments being on the record.
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