Gravey
Here are a few statements/questions:
1. if there is a 50-50 install of smooth and rough sides, is one of these correct and one wrong? If it does matter, which side is outward on the 3 with the depression lines?
2. how many other installs has your pool builder done w these type tiles, pool or spa? If more, have you seen them or can you gain access to these installs? If so, how do they look and how long have they been installed?
3. have you seen any other installs of your tile-types by other vendors? if so, how do they look? This is where you can obtain info to perform a comparative analysis.
To conclude, I too had a very shady PB and it was more than contentious when we finally gave our final payment. They admitted, "this went badly". I had over 17 diff detailed issues submitted to the BBB and I made them post all of them for internet access. So, w that being said, you have 2 diff option here:
A. fight this guy like heck and all it does it eat at you...I know the drill, it's not a good feeling even if you win...
B. go to the manufacturer of this product, have them give you some top-notch installers [if you still want to go w the same product], and get estimates from them to do a redo for you. I know financially that is not what you want to hear, but mentally and for your peace of mind and future enjoyment of your pool/spa, it will indeed be your best route. You could even negotiate that the orig PB pays for the product [as long as it's top quality you expect] and the new contractor does the install. Or, the orig PB pays some portion thereof.
Not sure, but based on the volatility btw you and the PB, how will any other warranty issue be covered, or is it a total loss now? Working out an agreement may help salvage for any future issues, if that is of interest to you.
Bottom line is you want to get back to enjoyment, not the constant headache of outstanding issues. Any court of law is going to work on objective, provable, empirically driven facts in civil matters. The burden is on you to prove your points. If you cannot, then he wins and you pay court costs too. You have to package all of that together and decide which path is the one that will yield you the results you want w the least amt of time, energy and costs...good luck, tstex