Michael Enterprises Pool and Spa Review - Statham GA
Thinking of using Ned and Jackson Michael to build your pool and spa? Learn what to expect from an actual customer that spent over $130,000 in our dream pool which became a nightmare with over $54.000 in damages and a judgment against Ned Michael for Breach of Contract in Oconee County Georgia Superior Court twenty six months after signing the contract.
Ned Michael found in Breach of Contract
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As one may imagine, over a two year period there were a lot of happenings that took place between consultation and court. This is a somewhat detailed account of an unpleasant and costly encounter using Michael Enterprises Pool and Spa, which is rebranding as NJM Pools. If you prefer a shortened overview, visit some of the other sites online to see photos, court documents, videos and voice recordings of Ned Michael. A starting place is: https://www.michaelenterprisespoolandspareviews.com/
There are other sites as well including on Facebook if you search for Michael Enterprises Pool and Spa or NJM Pools. With that said, the following information the account of a Ned and Jackson Michael pool and spa build that was filled with neglect, incompetence, communication issues, delays and excuses.
Turning A Dream Into A Reality! (or so we thought)
In late summer 2020, I decided to explore the possibility of having a pool built for our daughter, who was six years old at the time. I was referred to Ned Michael from a local pool supply in Athens and gave him a call. He came out soon afterwards for a consultation which I openly recorded as to have something for later reference as to what was discussed. I never expected that any of it would be used for legal purposes.
My perception of Ned, at that time, was that he was patient, knowledgeable and experienced. He had stated that he had been building pools for around 40 years so I expected someone that would not get in a rush and take time to make things right. While he did take time, over eighteen months prior to legal action, there wasn’t much that went right. But I would later learn that I was mistaken in my perceptions as neglect, incompetence, delays and breaches would become increasingly apparent.
Consultation Begins
During our consultation, Ned brought up the idea of a spillover spa, which I had not even considered, and thought the spa might be therapeutic for occasionally back issues. I asked during the consultation if Ned had any customer pools we could view and he replied “all of them” implying a 100 percent satisfaction rate. I wonder if he still makes that claim? He contacted someone nearby for whom he had built a pool, who I would later find out were friends of family, and arranged for me to view it. We left immediately following consultation and met at that nearby location so I could view a pool with a spa as he had described. Following that, and after my following up as a reminder, Ned sent me a quote for a pool and spa build.
A week or two later, we met Ned at another location to view a pool that he had built with retaining/retention walls to give us an idea of what we may do with our sloped yard. I remember Ned stating he still remembered their gate combination which I mentally noted because it gave an indication that he would be involved on a regular basis.
I have since reflected back on that statement because during the entire 18 months prior to legal action being taken against him, he and his son Jackson spent a total of seven, yes (7), man hours at our home supervising or inspecting the construction. Ned never remembered our gate combination because he never came and neither did his son, Jackson. This lack of attention led to a pool unfinished 26 months after contract with major structural damage, performance issues, breaches and omissions. I did ask Ned during our consultation if he would be here supervising every time work took place and I understood that he would not but thought he would have knowledgeable people taking care of things. (Would quickly learn I was wrong)
Making Plans For Construction
Following our consultation, I contacted Ned the first week of February, 2021 and told him I wanted to proceed with construction and he stated he could begin on March 1 of that year. I was taking early retirement just so I could be here while work was taking place, with the intention of our daughter being able to swim by or around June 1 based on the construction timeline Ned had given.
The Beginning Of A Nightmare!
March 1 comes and no word from Ned. So I contacted him to see if he was starting that day and he said he ‘would try his best to get here’ that day. He came out, we signed the contract and he took his first check of $9000. We could have taken care of the contract and payment prior had he told me. When I asked when construction would begin, he stated ‘not too long’ he would schedule with ‘the digging man’. I pressed a little more for a timeframe but he was non-committal. This was the first of what would become a pattern of Ned’s words not meaning anything.
Trying To Remain Optimistic
Although disappointed, I was still (mistakingly) optimistic that Ned would come through once things started. Weeks went by then I got a call from Ned asking me if I got the building permit that he was supposed to get? So he had not even applied for the permit! By the time Ned got the permit and scheduled with his ‘digging man’ , construction began on June 1, 2021, exactly three months past the date originally given and at a time when I expected, based on his 8-14 week construction timeline, for everything to be completed. With construction beginning, I was trying to remain optimistic that we might at least get our feet wet before the beginning of Fall. But I would be mistaken as the nightmare was just beginning.
Construction Begins When I Told Would Be Completed
Dig day was unique because this would be the ONE and ONLY day that Ned and Jackson Michael would be onsite, while and for the purpose of work taking place. Jackson arrived with the digging contractor and stayed a total of one man hour until Ned got here. Afterwards, Jackson left and Ned sat in a chair in our front yard, doing paperwork and making phone calls, but at least he was here. Ned stayed a total of six hours until the dig was finished, the pool and spa were formed and ready for shotcrete.
Missed Opportunities That Could Have Prevented Costly Issues
Plumbing and steel started soon afterwards and lasted three days. During this stage, there were several mistakes made that would soon become major mistakes when encased in concrete. The biggest mistake was that the plumbing pipes for the spa jet pump were not installed which would later become a $23,000 mistake. One of the skimmers was one inch lower than the other and the overflow drain was installed too low per the skimmer manufacturers minimum water levels. But because no one was supervising or inspecting, it would soon be encased in concrete and become major issues that could have easily been prevented by a competent and responsible builder.
Minor Mistakes Become Major Damages (Encased In Concrete)
Shotcrete day came afterwards and Ned came by afterwards to pick up a check. I was quickly learning that if Ned told you something work related, don’t count on it but if he tells you he’s coming for a check, he will be there exactly when he says every time! I showed Ned boot prints left hardened in the bottom of the spa and pool steps and his only comment was ‘they usually try to make it look a little better’. What I didn’t know then was that the spa was plumbed incorrectly, one of the skimmers was unlevel and the overflow drain was too low. All encased in concrete!
To a competent builder, the lack of the additional return and suction lines on the spa should have stuck out like a sore thumb. Did Ned Michael notice the missing plumbing when I showed him the boot prints embedded in the bottom of the spa? If not, maybe he’s just incompetent? But either way, when he later finds out when his plumber calls him with me standing there, he tells the plumber to connect the pump anyway but the plumber declined saying it would be of no benefit because the single pipe can’t handle the flow.
Ned denied this in court saying ‘that doesn’t make sense’. But I was standing there and overheard the entire conversation take place. My guess is that Ned wanted the pump connected anyway so I wouldn’t know the spa wasn’t plumbed correctly. Or either he is just incompetent and didn’t know any better? Regardless, he later tells me that I don’t need the jet pump anyway. It wasn’t until I operated the spa with the air blower OFF that I realized the only action I had was from the air blower, not water flow. Ned Michael didn’t offer to correct anything until over 2 years after we signed the contract and just prior to our second court trial. Go to Facebook and search for NJM Pools to hear some recordings of Ned Michael.
Two days following shotcrete, I contacted Ned with the discovery of cracks running almost the length and width of the pool shell bottom. He didn’t come nor send anyone but dismissed the cracks as minor due to the ‘hot concrete with the warm weather’. I don’t know if the cracks will ever be an issue but I have since learned that the shotcrete was not applied per best practices. Specifically, the material they removed from shaping the walls (trimmings) fell to the bottom where they were reused without proper compaction. You can visit some of the other sites for photos of them ‘trimming’ the walls. All the cracking appeared where the trimmings were used. For more information about proper shotcrete application and the reason to avoid the use of trimmings, visit shotcrete.org or concrete.org.
Tile day came following the shotcrete and that is when I discovered one of the skimmers was approximately one inch lower than the other. I emailed Ned and later texted him photos of the skimmer with a level on it and another set of pictures with a rotary laser showing them unlevel. He said he would get someone to check but once again, didn’t bother to come himself. Weeks go by waiting for someone to come. I was stood up another day and finally after my insistence, someone came to check saying it was ¾” off and would work. In the meantime I contacted the skimmer manufacturer to see what they had to say regarding performance and I was told both skimmers need to be level and that if one sucked air in it could burn up the pump. For me it was both a cosmetic and performance issue. After many many weeks of text messages, phone calls and insistence on my part, it was finally removed and replaced. This would be the ONE and ONLY screw up that Ned Michael ever corrected.
‘Cleaning’ In Prep For Plaster
Plaster day came and they ‘Cleaned’ in prep for the plaster. There was mud left caked in the skimmers and dirt and debris left around the bottom drains. I notified Ned, but as usual, no one came and I had to clean myself. I didn’t want them to plaster over the dirt and debris and I also didn;t want the gunk in the skimmers to be sucked into the pump and heat pump.
The plaster was done one day, etching done two days later and the pool was filled. During this time, neither Ned or Jackson were here. I was told prior by Ned that the pump would be powered up ‘on or about the same day’ as the pool was filled. But the pump was not powered and from what I had been told, it was important to protect the plaster that the pool pump be running and chemicals balanced. Days went by before Ned sent his someone to temporarily wire the pump. But this wasn’t the only thing that was wrong as the spa was losing two inches of water per day.
A Thirty Foot Deck Crack In The Making
I reported the spa losing water to Ned the day it was filled but as always, Ned didn’t come nor did he send anyone to check. I sent Ned photos of a conduit leaking and I capped it myself until they could get here. But the spa continued to lose two inches of water per day. Forty two (42) days after my initial contact with Ned about the leak, I saw seepage coming from a 12” thick retaining wall located 25 feet away from the spa. I knew then the significance of the issue and notified Ned and Jackson via email that they would be held responsible, both legally and publicly, if any damages occurred. I followed up with a registered letter but got no response to either. Exactly sixty (60) days after my initial discovery, the leak was plugged by Ned’s plumber with the installation of a LED in the spa plugging what I suspect is a conduit which had been crushed close to the base of the spa during compaction. By then, an estimated 2880 gallons of water had seeped underneath the deck.
Following the spa leak and a short time after, a thirty (30) foot long deck crack appeared that runs within 6 feet of the spa where the leak was originating. I hired someone to come in with ground penetrating radar and they confirmed the existence of two voids underneath the deck. One void, approximately 2.4 feet deep running the entire length of the 30 foot crack. Another, 1.2 feet deep running from the spa and terminating at the retaining wall in the exact location where I had reported seepage 42 days after the spa leak was initially reported. All due to soil erosion from a leak that Ned Michael failed to address for sixty days. And to recap, neither he, Jackson or anyone else came to check it for sixty days leaving it to me to deal with.
Illegally Installed Electrical Placing Our Family At Risk
But the nightmare is just getting started. Ned Michael sends his PLUMBER to wire our electrical, without a license, using someone else’s affidavit that Ned Michael submitted to the Madison County Building Inspectors Office to secure the permit. There were numerous code violations including using a wire gauge rated at 55 amps on a 100 amp service (fire hazard), not GFCI breakers (shock/electrocution hazard), among numerous other code violations.
Person Listed On Electrical Affidavit Not Involved With The Project
I contacted Madison County to see whose name was on the electrical affidavit and it was not Ned’s plumber. I contacted the listed electrician and he told me that he and Ned had ‘fallen out’ and he was not involved in the job. Either way, both the plumber and Ned Michael not only violated the law, their negligence placed our property and lives at risk. Ned’s only comment to using a non-qualified/unlicensed person was “We do it all the time, It’s nothing more than wiring a plug”. Let’s see him explain that to a judge if property loss or death had occurred from the electrical hazards they left.if the hazards had resulted in loss of property or life!
I confronted Ned with the code violations and knowledge I had gained and he sent another “electrician” to remove and replace all the plumbers' substandard work. Yet he did not update the electrical affidavit with Madison County GA! I gave the new electrician an affidavit to fill out and he said he didn’t know his license number but would get it for me.
The wiring from the second electrician was still not to code. He did put the correct wire gauge in but installed a used GFCI breaker he had that failed and had to be removed and was not replaced as promised. None of the breakers were identified and labeled per code, holes were left unplugged from removal of previous electrical, and a proper ground lug was not used. So after two attempts at electrical, it was still not to code and NOT A MICHAEL IN SIGHT to check for themselves.
Cracks, Cracks and More Cracks Surrounding The Pool
There are numerous cracks in the flagstone coping surrounding the pool. There was supposed to be an expansion joint but the foam backer was installed below the top of the concrete deck and as a result there is direct concrete to stone contact with no room for expansion. Ned’s solution was to just apply mastic in the “V” groove without opening up the joint.
Pool Cleaner Defective In A Box
The Trivac cleaner we contracted and paid for was defective and never installed. Ned texted me to say he was replacing it with a polaris. Never happened! The cleaner we contracted and paid for is sitting in a box and we are left with NO CLEANER.
Errors, Omissions And Breaches
The heat pump was not strapped down with the manufacturer supplied straps. The sand filter we contracted for was substituted for this tiny single cartridge filter without our knowledge or consent. I have had a lot of experts here to evaluate and estimate what it would take to repair all the issues left by Ned and Jackson Michael and the consensus from ALL is that the filter that was installed is totally insufficient for the amount of water that we need to move.
Equipment Pad Plumbing Issues
And to make things even worse, there are seventeen (17) ninety degree fittings at the equipment pad because the suction and return lines were not paired up. That happened because no one was here to take care of the project before little things became big issues. Even I had to haul off the construction debris. In total, I took three loads (about three tons) to the landfill. The last load Ned had promised me he would have removed the following week along with taking care of some of the issues, but he failed every step of the way.
Legal Action Begins
I tried time after time to get Ned and Jackson Michael to fulfill their responsibilities and just take care of things. And EVERY time I was ignored. Ned did come out just prior to our first court hearing ‘pretending’ to want to address things. I gave him a sheet of issues and we walked around going over them with me trying to see if we could come to a mutual agreement. At the time I was aware of the massive deck crack but did not know about the voids underneath the deck until I had it scanned much later. As we were walking around the pool and I was showing issues, Ned was making comments about not making money rather than making things right for us.
I showed him the spa weir that is unsightly and when he was faced with the amount of work involved, he stated that ‘it won’t be happening’. I showed him the heat pump anchors left unattached, talked about the spa performance issue (although he didn’t ask to see it in operation) Nor did he offer to repair! He said he would come the following week and repair the coping and clean up the trash. And then he asked if he could get a check. I foolishly wrote him another check for $17.000. The following week, no one came, no one called and I hauled off the last 2000 pounds of construction debris. Then I filed the first claim in Oconee Magistrates,
The Court Summons Has Gotten Ned’s Attention
Ned calls me after getting served with the notice to appear in court saying he didn’t want to go to court. I told him he could either pay me $15.104 ($15k max plus filing fee) or I would proceed. But continued that he would have another opportunity at the mediation hearing. When our court date comes, we meet with the mediator. I give them a list of about 8 items that need attention which include:
Then the mediator asked Ned what he thought wasn’t finished and he responded that all that was left was to put mastic around the coping. (Just ignoring all the other issues) The mediator sent each of us out of the room one at a time and afterwards, told me that Ned was asking if he could do a payment plan then finally stated that he would not pay anything unless a judge ordered him to. The mediator then sent us into magistrates court.
The Magistrates Judge Was Hard On Ned
In magistrates court, two of the photos I entered into evidence that were of particular interest were ones showing the massive 30 foot deck crack and another still of our spa (with no action). The judge kept asking me why I didn’t take Ned to Superior Court with the amount of damages and I told them due to legal cost and I just wanted it over with. He kept showing Ned the photos telling him ‘this is a problem, you’ve got a problem’. Asking Ned if he was insured and if he had contacted his insurance. Asking if he had an attorney. Ned said he never needed one and the judge replied, ‘you need one now’. He then transferred it to Oconee Superior due to the amount of damages.
Following our Magistrates hearing, Ned calls and leaves me a voicemail saying he was thinking about what the judge said and this could cost us both a lot of money. And that if I wanted a two pump system (referring to the spa) that he was willing to do it, that they would have to tear the deck up to find the cause of the cracks anyway. Previously he just dismissed the failure of the incorrect plumbing as something I didn’t need. You can hear his voicemails on Facebook. I may put it on Youtube as well to make it more accessible.
I No Longer Had Any Confidence In Ned Michael’s Abilities
I then hired an attorney and it wasn’t until afterwards that Ned contacted me to see if he could have his ‘lead’ tech (AKA contractor who screwed it up to begin with) to come out and fix the spa and deck. The same contractor who tried to tell me that our spa was not plumbed wrong that he could show me a valve adjustment. I told the contractor (who I may name later) that there were not any valve adjustments that would allow the jet pump to be connected and I got no further replies. Ned Michael had broken his promises OVER and OVER and it wasn’t until the pressure of going to court (and costing him money) that he seemed agreeable to fixing anything and even then, it was just the spa and deck crack.
You would think that a responsible builder, who claims to have been building pools for forty years, would have OFFERED to make it right. Every time Ned failed in his duties and I got substandard work, structural damages and contract breaches, he wanted me to just accept it. If it were me, I would have acknowledged my screw ups and made things right EVEN IF IT COST me money! I have since heard from others, (who won’t be named) that this is not an isolated incident.
Making Excuses For Everything
So what were the excuses that Ned gave the judge? With the spa it was ‘this is the way we do it now’. With the build going on for over two years, ‘two of the crews got covid’. With the lack of replies to my text and emails, ‘I can’t text because my fingers don’t work well’. He also mentioned his health issues which I know is true, but if he is unable to perform his job, he shouldn’t be selling pool builds. His son was copied on many of the emails and that’s just an excuse from someone who, when things go wrong, refuses to accept responsibility.
Oconee Superior Court Ruling
The judge found Ned Michael in Breach of Contract and ordered him to pay $15,500 plus court fees. Specifically, the breaches involved the failure of Ned Michael to properly plumb the spa for the use of the jet pump. Additional breaches included the substitution (without our knowledge or consent) of the sand filter we contracted for. The judge additionally references the defective cleaner that was not replaced as promised.
The judge did not address the major deck crack that would exceed $15k to repair nor did he address the numerous coping cracks and the lack of an expansion joint. There was also no mention of the overflow drain installed too low, the electrical left not meeting code nor the heat pump anchors not being used. There were also contributing factors mentioned including Ned’s age, health issues, COVID, inept with texting (Ned could have called?). So in the end, Ned Michael got off quite easily.
“I Won’t Pay Unless A Judge Orders Me”
That is what Ned Michael stated to the mediator prior to our first hearing and larger to my attorney. Well, after the Superior Court disposition he still didn’t pay, not freely! My attorney had to secure a FI FA against Ned Michael placing a lien against him before he decided to comply with the court order. As with the voice mail recording located on FB and what he verbally told me when he came here pretending to be going to take care of issues, he was not focused on taking care of his responsibilities but whether or not he would make any money.
Ours Left Unfinished While Completing Another
I know of at least one pool, located in Elberton that was permitted well after ours and was finished well before. They CHOSE to neglect our pool for whatever reason and because of that, they turned what could have been a happy referring customer to one who was left to pick up the pieces. As I told them, my part was to pay what I was supposed to pay, when I was supposed to pay. I did my part. Their part was to take care of the build and resolve any issues and they failed every step of the way.
Who Was Liable
And for those wondering why I filed solely against Ned, it’s because he is not incorporated and my contract was signed by him. So legally Ned was the only one liable but it doesn’t discount the fact that whether you are doing business with Michael Enterprises Pool and Spa or NJM Pools LLC (not incorporated last I checked), you are dealing with Ned and Jackson Michael.
Ned and Jackson Michael, dba Michael Enterprises Pool and Spa and NJM Pools LLC, Turning a dream into a Nightmare!
This site may be updated with additional information but until then, there are lots of pictures, voicemails, videos, recordings, legal documents, etc, search on Facebook or visit some of the following sites:
http://michaelenterprisespoolandspa.com/
http://www.njmpoolsreviews.com/
If you have used Ned and Jackson Michael and have relevant and verifiable information to add, please get in touch.
For contact information, visit the following site:
http://www.michaelenterprisespoolandspareviews.com/
Ned Michael dba, Michael Enterprises Pool and Spa- Building Custom Pools and Spas while
“Making Excuses Every Step Of The Way!”