Fisher Pools

I gave Fisher Pools a deposit over $5085.47 for materials on a total contract value of $8023.47 (mainly for in wall steps and lounge area as well as a new pool liner). Materials were supposed to be delivered within 3 days but they did not show, nor did they the next day or any day after that. Fed up waiting for my items, I called the supplier directly hoping I could just go and pick them up....and sure enough, my items were not even ordered or paid for. He also re-wrote the contract to include items like concrete which he forgot to include in the contract (which upped the original contract amount by almost $2,000.00) and changed the terms to include periodic payments including another $2000.00 due immediately. He then called to cancel our contract since we would not give him any more money until the liner and steps were delivered. Each time I call him to inquire about my materials/refund, he hangs up the phone once he knows it's me.

MY RESPONSE TO FISHER POOLS: You did not win in court... we only went to mediation where they try to keep everyone happy and come to an agreement instead of going to court. We offered to settle for a refund of only $4,000.00 in order to keep all parties happy and be done with this mess (even though we have been out of pocket about $3,000 for the numerous expenses we incurred due to your negligence), but you declined. We have since obtained a lawyer and you should be receiving court documents shortly. Your theory of me trying to get a pool for free doesn't make sense... the amount of your quote was $8,023.47 and we have currently spent over $14,000.... how would I be getting anything for free if I have spent more then $6,000 over your quote??? And how would I have known you wouldn't finish the job in order for me to take you to court and "get a new pool for free" as you claim???