YUKON, Okla. (KFOR) – There are more people coming forward after KFOR recently brought you a story about an Edmond family in trouble after hiring a pool company in Oklahoma City to build a new pool in their backyard.
After the owner didn’t pay a subcontractor for work the subcontractor then slapped a lien on the homeowner for what was owed.
Since KFOR’s story aired, more Oklahoman’s have reached out to us saying they are also having the same issues with the OKC pool company business.
One Yukon family told KFOR they are also out thousands of dollars, are sitting with an unfinished pool and have a lien on their home after trusting the owner of OKC pool company, Cary Daniels to do the work and pay the subcontractors.
“Very frustrating. You know the old saying, happy wife, happy life? Well, she’s not real happy right now,” said Shawn Andrews, having issues with OKC Pool Company.
Shawn Andrews said in May he paid OKC Pool Company owner, Cary Daniels $85,000 to build a pool in his backyard. He was told it would take 90 days to complete, but today it is nowhere near finished. Andrews also said Daniels left a huge mess in his backyard.
“I would probably say $50,000 is probably what has been completed,” said Andrews.
Now, Andrews said Daniels has stopped communicating with him and won’t return his money. He also said Daniels didn’t pay a subcontractor who worked on part of the pool. Now that company, LBL Gunite of Tulsa L.P. has put a lien on Andrews’ home.
“We’re a month in since I’ve received the lien and there’s been nothing since. He hasn’t paid LBL anything,” said Andrews.
Tulsa Attorney, Scott Helton representing LBL Gunite of Tulsa L.P. sent this statement to KFOR saying quote, “LBL Gunite makes every effort to collect directly from a contractor that is in default. Unfortunately, when the contractor is unresponsive or insolvent, we have no choice but to collect against the homeowner through a lien. It’s not something that LBL Gunite wants to do, but in some cases, filing a lien is its only recourse.”
“I plan on getting them paid by next week, getting them a check in the mail,” said Andrews.
On top of the $85,000 Andrews already paid Daniels, he’s now paid another $35,000 to another company to finish the job.
The project is now costing him $120,000. That doesn’t include the over $10,000 he will have to owe LBL Gunite.
“That’s what would be paid, not to include the lien that I have on right now for over $10,000 with LBL,” said Andrews.
KFOR reached out to Daniels several times. We finally got a hold of him.
Cary Daniels sent KFOR a statement saying quote, “The company has been going through financial difficulties. It has always been our intention to complete our obligations to our customers. We are doing everything we can to find a fair solution moving forward.”
“It’s too bad we don’t have debtor’s prison anymore because this guy needs to be in jail for how much money that he’s taken from consumers that he’s done business with,” said Andrews.
Andrews is in the process of taking legal action against Cary Daniels.
He is also including Cary’s wife and dad in the lawsuit as well.
Oklahoma legal experts tell us according to Oklahoma law, subcontractors are entitled to file a lien within 90 days of providing labor or materials on a home that they’re working on to protect the subcontractors from not getting paid by the contractor. If the subcontractor is not paid, they can foreclose on the home for up to a year.
The Oklahoma Construction Trust Fund Statue protects homeowners who have paid a deposit to a contractor, but the contractor uses the funds for other purposes instead of paying subcontractors. The contractor could face criminal misdemeanor or felony charges depending on the amount.