The builder screwed up, knows it, but is too chicken**** to admit it. Some contractors are just like that. But this is serious and you need it fixed. I hate to say it, but talking to a lawyer may be what you need to do.

Yeah, it may tick the builder off. So????? You ALREADY have a messed up pool, you already have a pool with an ineffective ugly fix that HE should repair. Some guys just don't get it.--And be sure to let Better Business know.