In a dramatic turn of events, a couple has filed a lawsuit against a well-known Florida pool contractor, alleging negligence and breach of warranty after their dream pool turned into a nightmare. Joseph and Gina Fontana have taken legal action against TBP, Inc., formerly known as Tampa Bay Pools, Inc., in the County Court of the Sixth Judicial Circuit in Pinellas County, Florida. The complaint was officially filed on February 21, 2025.
The case stems from an agreement made in May 2017 between the Fontanas and TBP for the construction of a swimming pool, spa, and deck at their St. Petersburg property. According to court documents, TBP agreed to complete the project for $107,745.00—a sum fully paid by the plaintiffs. However, despite receiving final inspection approval from the City of St. Petersburg in February 2019, issues with the pool's structure surfaced five years later when it began failing to hold water.
A subsequent inspection by Red Rhino on August 9, 2024, revealed multiple cracks throughout the pool and spa structures—defects that were previously unknown to the Fontanas. Upon discovering these issues, they promptly contacted TBP on September 12, 2024, seeking repairs under what they believed was a lifetime structural guarantee provided by TBP. Despite initial assurances from TBP that certain repairs would be covered under warranty and several follow-up attempts by the Fontanas to get these issues resolved, no action was taken by TBP.
The plaintiffs argue that TBP's failure to address these defects constitutes both negligence and breach of express warranty. They claim that TBP did not construct the pool and spa in accordance with applicable construction codes or industry standards—resulting in hidden defects that led to significant water loss and other damages. The Fontanas have since been forced to hire a third-party contractor to repair the damages caused by what they describe as "defective work."
The lawsuit seeks damages exceeding $8,000 but less than $50,000 for costs associated with repairing and replacing defective work as well as compensation for increased water bills due to leaks and other related expenses. The plaintiffs are represented by attorneys Jason M. Ellison and Matthew D. Baylor from Ellison | Lazenby law firm based in St. Petersburg.
As this case unfolds before Judge Ken Burke under Case Number: 25-001770-CO, it highlights critical issues regarding contractor accountability and consumer protection within Florida’s construction industry.