I've gotta ask - is the PB you hired (and trusted) the one that stayed for dinner and prayed with you?

Most states have "bait and switch" laws and you should do some reading up on them. Sometimes just letting them know that you are aware that bait and switch is a crime will get them to change their tune.

I don't know about bait and switch without all the details details of your contract. Did the contract that you signed (either one of them) include measurement and price for purchase and installation of tile and coping? Even if this was on the "2nd contract" with no commisiion earned, it would be the PB's responsibility, even if he subs the work. I'm waiting for answer to snookums question but dinner and prayer from a salesmen does not honesty make. Remember the philosophy behind separation of church and state. Make sure your contract specifies what you are to receive for 80K and check out your exit provisions.

I would have found it a little weird to have the sales person stay for dinner and pray. To me he seems just as "slick" as the PB, just in a different way. The first or second time our builder and his main worker came to our house it happened to be St Patrick's Day and I had a big pot of corned beef and cabbage cooking. I offered them some. The owner declined, but the other man laughed and said he said was really hungry and couldn't resist. So we fixed him a plate. It was very casual and natural, and I didn't feel it was unprofessional.

Just my rambling thoughts this morning.
Boby

I would be leary of anyone who had dinner and prayed with the family. Many people use religion to take advantage of others. People think, oooh they are Christian so they will treat me right. This is what they are counting on. I would have run away from that PB.

I also had a budget for my pool that I needed to stick to. My PB figured out the costs after getting prices on everything. He told me that they mark up screened enclosures, solar heating, etc. I paid for these items separately, but he arranged for his usual subcontractors to come out so I would pay the PB price, not negotiate on my own. As for the actual pool, none of that could be contracted out. The PB needs to know what's going on since the entire build reflects on his company.

Yes it was the PB we hired whose salesman stayed and had dinner with us. He came across as a sincere nice guy who had a good understanding of what we were looking to do and our budget.

The PB has even admitted that what his salesman did was wrong and he did not provide disclosure about the off-contract part of the project and he should have never told us he could keep to our budget. He stated he was going to "fire that #$%^" but I think that was just for show.

stop being so nice.

Yesterday they came and moved the dirt hill from my backyard to the front driveway. They told me they would need me to take both cars out of the garage becuase the pile was so large but not to worry that they were coming back in the morning with a bobcat and a truck to take the dirt away. They never showed but at 5 PM the PB called and stated that he needed his next payment to cover the haul away of the dirt. We are stuck and cannot get in our own driveway. He his holding us hostage in our own home for more money...What a piece of work.

Did you read what your second contract stated? Is it an appurtanace agreement? In our area our tv news stations have people who do stories on things like this you might give your local news a call your contractor may not want the negetive exposure. Then call the contractors license board for a complaint form. You could also have an attorney write them a letter.
Good Luck.

So why do they not have to fulfill the 2nd contract? What does it say on it that they feel makes them unaccountable for it?

The second contract was written up not on the company letter head. They are claiming it is off-contract even though the sales representative from the pool company signed it and stated to my wife and myself that the only difference is that he would not get paid commission on the work done on this page. The PB has admitted this was an error by his salesman and that he should have fully disclosed what the intent was under the second agreement. He stated he is going to fire this salesman and make sure this does not happen in the future. I keep asking, "how does that help us now"????

Don't they legally have to cover that contract and then they can sue the salesman on their own? I thought they were responsible for the actions of their employees. I'd look into this before shelling out more money.

I worked for a national company about 10 years ago that kept having problems with managers signing contracts on behalf of the company. These contracts were binding even thought the managers entered into it without permission from the corporate office. They finally had to set a mandate that NO contracts could be signed by managers. This made it really hard to get things done on a local level, but those idiots are what ruined it for those of us that were careful.

Was the second non-letterhead contract written as if it were a contract with the salesman personally or was it written as if it were between you and the pool company?

The second contract looked more like a work order that would go to the team they have doing their decking and hardscape work. Once again signed by the representative of the pool company. That is why I found this a little odd and pressed further about why he had written our work up on two separate sheets of paper, his reply "don't worry, there is no difference, the only reason I do this is so I do not get commission on the hardscape and I can keep you guys at your budget".

Note to self: if some says "don't worry", start worrying!