Aqua complaints continue

Formal complaints against Aqua Pool & Spa have climbed to 77, a state agency reports, while the company told investigators it plans to complete unfinished pools even though it remains closed.

Meanwhile, the Contractors State License Board is warning customers to get legal advice before signing a mutual release that the company reportedly has sent to some customers. The form would free Aqua from liability for not completing a job.

Board enforcement chief David Fogt met with Aqua officers last week and demanded that Aqua finish pools or give customers releases, allowing them to find other contractors.

A Monday deadline set by the state to receive Aqua's plan came and went, but the company on Tuesday "indicated they're trying to make good" on unfinished work, board spokesman Rick Lopes said Wednesday.

"What they do will help determine if this investigation is criminal, civil or administrative," Fogt said.

Lopes didn't know how Aqua would do the jobs without cash flow. The Manteca-based company, which started 22 years ago in Modesto, abruptly closed Aug. 19 after a bank called in a $3 million loan, Aqua owner Richard Townsend said at the time.

Fifty to 60 families were left in the lurch, Townsend has said. Lopes said the 77 complaints include 13 in Stanislaus County, 21 in San Joaquin County and two in Merced County.

Two former Aqua officers applied for a license under the name Vintage Pools shortly before Aqua went out of business. They might try reopening Aqua's glitzy showroom under the new name, state investigators say, although the state has frozen the license application.

The Contractors State License Board continues to pursue an agreement with others in the pool industry to finish pools at a discounted cost, Lopes said.

Bee staff writer Garth Stapley can be reached at gstapley@modbee.com or 578-2390.