It was a story that reverberated throughout San Diego’s home improvement industry – a pool contractor accused of taking his clients’ money and leaving unfinished work behind. One contractor who saw our NBC 7 Responds report stepped up to complete work on one of the pools.
David Giles and his husband, Brett Hunter, were left with a huge hole in their backyard for months despite paying for most of the project. “It hurts,” Giles said. “I feel so angry with myself for ignoring the red flags.”
They told NBC 7 Responds their pool contractor ghosted them, and they knew several other families in the same position.
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“It happened, it was just the luck of the draw,” Hunter told us. “Somehow us, and the rest of the folks, got mashed up with Josh.”
Hunter’s referring to Josh Marshall, President of Superior Pools, according to the Better Business Bureau website. The company no longer has a license according to California’s Contractor State License Board. The agency told us it’s investigating eight complaints against Superior Pools.
“CSLB appreciates NBC 7/Telemundo 20 bringing consumers' concerns to our attention," reads an email, in part, sent to NBC 7. "While we have had an open investigation into Superior Pools contracting activity, CSLB was prompted by NBC 7's inquiry and information provided to look further into the complaints received and make the determination that complaint disclosure was warranted.”
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“It was the catalyst that got all the balls rolling,” Hunter said. “I mean, once the state heard that you were involved…” Hunter continued as he snapped his finger in the air.
Superior Pools declined to talk to us about what happened but did send us an email where they generally blamed COVID, inflation and staffing issues for permanently closing their doors Dec. 21. They said they sold their last pool in July and added, “I'm really sorry, embarrassed, and it hurts to leave even one customer without a finished pool.”
Sergio Martinez, the owner of S Squared, Inc., saw our original story in February and contacted NBC 7 Responds. He offered to finish the job at cost for Giles and Hunter. He said it’s his way of standing up for the good reputation of San Diego’s pool-building industry.
“It’s not all bad out there in San Diego,” Martinez said. “There’s good contractors, there’s good people out here in San Diego.”
“It felt hard to accept the kind gesture because it didn’t feel right to have somebody else step in and eat the costs of somebody else’s bad behavior,” Giles told us.
S Squared told us Giles and Hunter saved about $13,000 in labor costs. They said other contractors also helped out by expediting the delivery of materials that the couple did pay for.
Giles said while he’s grateful for the finished pool, he simply can’t let Superior Pools off the hook, and he’ll continue to push the state to hold them accountable.
How to Protect Yourself
So what can consumers do to protect themselves when taking on an expensive pool project?
- Make sure the contractor is properly licensed. Check them out on the CSLB’s website
- Never pay more than 10% or $1,000, whichever is less, as a down payment
- Make sure the contract has a payment schedule and only pay for completed work. and for supplies and materials already delivered
- Any changes to the contract should be done with a change order and signed by both parties, regardless if there is a price change
- Consumers may want to consider requiring a bond for the individual project that would kick in should the company falter for whatever reason. Going that route eliminates the maximum down-payment rule, however
CSLB said to contact it right away and file a complaint the moment a large-scale home improvement project deviates from the contract and the issue can’t be resolved with the contractor.
