Wasted Time and Dead Ends
I think anyone running a business spends a fair amount of time chasing down leads and opportunities that result in wasted time and dead ends. I saw a Tik Tok, or a movie, where the guy was like I heard you need 30 no’s for every yes, so he saw every no as just closer to a yes, and it was all a numbers game.
It might really be a numbers game, and that number is the older you get, the larger the toll of dead ends is. Resources are Finite. Recently I’ve hit some dead ends, which is nothing new, but the journey to get to those dead ends seemed elongated and prolonged, and 11th hour instead of early in the due diligence.
Because they were so 11th hour sputters, the ability to stay true to the ability to avoid the sunk cost sinkhole was pronounced. It’s just not the money invested that will keep you moving wrongly in the wrong direction, but also the time invested, the vision advanced, project scope and filling the belly of the business beast- the employees, the subcontractors, paying to keep the lights on and the fixed costs paid. You develop a relationship with the exercise, the asset being purchased, so when you pull the plug late in the planning stages, there is a sort of grief process to account for and to acknowledge. And that works against drip drip drip of information gathered that is informing you of the increasingly dubious path you travelling - and since we move fast, and our resources - legal, engineering and surveying - are also fast, you need to be processing this information in real time - information that tells you to pause while you are galloping forward- hard to hear in the wind of progress, hard to hear in the wind of effort.
And then you have the fact that you have to admit to yourself and others that you bungled the idea, it wasn’t as good as it seemed. As I navigate a few right now, with all the accumulated experience, cash flow, time and professionals around me, I cannot for the life of me figure out how I haven’t made the big mistake that was unrecoverable. I guess I probably have, but have found a way through - maybe from effort, maybe from instinct, maybe because at my core, my ability evaluate and soldier on is real. But for 25 years, I’ve been biting off more than I can chew and then just figuring it out, with time not on my side.
As we discussed, Sunk Costs Fallacy is the human nature tendency to continue on a path you are on since you’ve invested time and money, and the acknowledgement of an error is hard - it’s not hard for me anymore since to err is not only human, it’s common in my life, woven into each day. Anyone who does something entrepreneurial is beset with error and failure - they actually guide the way, like life gives death its shape, failure gives success its very definition.
So once you have earned the ability to err and fail without long-term self-judgement, then the sunk cost fallacy trap is less likely since you are accustomed to keeping your ‘good ideas’ in check, double-checked, and proofed against the evolving reality of the information incoming. That's the competitive advantage at this point, and actually it's been true from the beginning - being modest in one's own estimation - the advantage is the modesty, of understanding from experience how wrong you can be in a business direction. You can't teach that - it has to be learned the hard way by experiencing it first-hand.
But that doesn’t change the fact that hitting dead ends, late in the process of execution, is a real heart break, and it’s tiresome, since a lot of times, the super hard work happens early in the process and then it sort of coasts a bit more once you get it rolling - the old ‘something in motion tends to stay in motion’ idea. So to expend all the effort only to abort and hop off the train can wear you out, since there is no reward to exerting the experience of knowing when to abandon ship other than not going with the ship, it’s a quiet victory, like not doing something - like not buying that land, not hiring that person, not rolling the die - and too be honest, I think a long-term successful career in at least this business I’m in is about what you don’t chase as much as the out-of-the-park dingers. Quiet, un-noticed, solitary victories of avoiding disaster by opting out -engaging and leading with your strengths, like Matt Damon suckering John Malkovich into a gambling disaster by laying low, staying modest and coiled and prepared to spring.
Just finished this beautiful home on 18 acres in Catskill New York, just 10 minutes north of our Rivka project. On the River, looking fine indeed.
New Construction 24/7
I can't say we have a ton going on, though most other companies I guess would say that if they had the volume of construction happening on a daily basis. And not a disorganized fire hose experience, but a pretty systematic attack across a half dozen homes. We can only do what our teams, our subcontractor teams, our vendors and the dozens of men and women who make up the respective teams can do, but they do pretty well, considering all the crap their individual lives can throw at them at any given time.
This home in Bethel is coming along nicely, and is a great place for the change of seasons to hit us with whatever it wants. For those very astute and long-suffering readers of this blog, you will remember our 10+ home build out in the Birches. This is a lot in there, a few miles from Bethel Woods. A great design of a classic farmhouse. The interiors merge the vaulted feeling of a barn with a farm. Fun and flexible house to live in.
This 3 bay garage with upstairs finished room overlooking Lake Huntington in Cochecton NY, Sullivan County, is turning the corner. Cool structure.
Our Barn home in Kerhonkson is in the painting stage, again with appropriate heat, enclosed and good working conditions. This home should be finishing up in the next month or so.
This home is North Saugerties/South Catskill is a version of our farmhouse mentioned above, sitting right on the Kaaterskill Creek.
We've had a pretty glorious autumn season this year, with the first day of rain today after literally no rain for a two months. It's not the rain or the lack of that made the season incredible, it was just day after day of good temps, and moderate to low participation. Anyone who lives in the NorthEast is well-accustomed to how crappy the weather can be, so it's a fool who doesn't appreciate the string of good days we've managed to put together.
My job never ceases to be challenging - even when I'm less busy, the day to day slaps alongside my head of some issue that needs immediate attention is never-ceasing. Maybe it's labor supply, maybe its municipal interference, maybe its a supply issue, a code issue, a personality issue, a land issue, - something is always out there messing with my mojo. But the reason it remains under control is because I'm johnny on the spot, with my 5 senses always working, searching, seeking the problem to be solved, so it can be addressed as early as possible. Some of the issues I fix are actually pretty darn complex, and take a mixture of strategy and bullying, perseverance and conjoling. Few people can size up a situation like I can with no further ado.
Elections were interesting - if the dems can't take advantage of this broken moment - with healthcare unaffordable and inaccessible, gas prices out of control, pointless tariffs impacting more people than you think, wars, inflation, cruelty, etc... - if the dems can't take advantage of this environment so broken by Trump then there is little hope that this country can ever be more than a glimmer of what it should be, with talents and taxes mis-directed. Healthcare, childcare and college tuition - it's absolutely insane these elemental life expenses hover over the typical family, shrouding their efforts in a worrisome net of doubt and concern.
Interesting development in the Mod Pools theft of my money - I can hear them now, 'defamation, defamation, slander, we didn't steal your money, we just didn't deliver what we promised and didn't give back your money, but that's not stealing since we plan to!!!' - turns out my modular pool website - Catskill Mod Pools --
ranks pretty high on the Mod Pools search engine results, meaning this blog doesn't have to do all the work of spreading the news about this horrible company. Remember to go to 'incognito mode', then search mod pools container pools .
or some variation, and wallah, there we are. Now that entire website can be a tool to advance my thoughts on these thieves. Webster defines theft as "the unlawful taking of another person's property, money, or services without their permission and with the intent to permanently deprive the rightful owner of it." So Mod Pools would like to argue it's not theft but rather timing, but that is in the eye of the beholder. Could you imagine if all theft charges could be countered by a claim that "I was going to repay/return it, I just didn't do it yet'?
Anyways, just another day at the Market here at Catskill Farms, where we offer construction goods and services of around $1,000,000 a month.
Mod Pools (Modpools) Suck
See Demand Letter at Bottom and STAY TUNED for the fireworks.
This company has always been annoying, especially if you need any help after the sale - I swear it's like a company of 4 people and their customer care call center has a young person or two taught in fine art of never actually answering your questions, passing the buck, or otherwise being unhelpful. I used to tell Trent in the office I didn't trust them, and I felt we were always a pool away from getting screwed somehow. Our clients never know what we have to deal with to get their pool delivered, or the 100% due before it leaves their shop. The site work, crane, logistics, etc... is all our responsibility, so the idea it's quicker, cheaper and easier, like most things modular, are mostly unmet promises. Currently these assholes have $85,000 of my money and my container pool, which they claim they can't ship because of new tariff rules and logistics.
Really, the company is about mis-representation - that pools are made in days (3 months more like it), that install is easy (getting a crane on a residential property is impossible in many cases), that they pay for tariffs (not from what we've seen), that they are helpful after the sale (hardly), that you can do it for under $100,000. The list goes on and on...
The question regarding criminality and possible fraud is how are they staying in business and selling pools when they openly admit they can't get them across the border. Knowingly promise what you know to be false is pretty much the definition of fraud, especially when it is not a one off action but your standard operating procedure.
One review, and I'm sure there are many like it -
Jimbo macgraw
5 reviews·5 photos
Edited 5 months ago
Another unsatisfied customer…Purchased the pool for over $100kIt arrived months late in October 2025.Now the window cracked down the middle and Modpools will not cover replacement.Brand new never used.Run for the hills from these people. Looking forward to the next documentary about this shady company.Update:Local glass company replaced the window for $4k vs the $18k Modpool quoted. Glad we can use it now!But then heater manifold has a leak upon start up(video)If you decide to gamble against the house on one of these products highly recommend getting everything in writing. They decided to pay only half of tariffs as a cherry on top!Cool concept but they are still figuring it out which they clearly realize. I’ve had better warranties from pawn shops.
Another Review
Attention Future Modpool Customers:After our disappointing experience with Modpools, I feel obligated to share our story so others can avoid similar frustrations.Our Modpool has been installed for less than six months, yet we've only used it a handful of times due to multiple defects. What we thought would be a dream addition to our home has become a nightmare.Heat IssuesLiving in the desert, we expected Modpools, which are advertised for both cold and warm climates, to handle summer temperatures. However, our pool regularly reached 107°F, making it unusable during the entire summer. Modpools never informed us that a chiller would be necessary in order to safely swim during the summer. Adding a chiller requires reworking new equipment, increasing monthly operating costs, but Modpools has not offered any concessions. Not once did they tell us we needed a chiller for warm climates when we were selecting our pool. It’s false advertising to say the pool is usable year around in all climates.Paint FailingShortly after installation, the pool walls turned pink and began exuding a powdery substance. Although Modpools blamed algae, our pool company disagreed, noting the issue was likely the paint leaching into the water. Two local technicians confirmed the paint was faulty. Modpools refused to honor their warranty, instead offering to send more of the same failing paint or charge us for repairs by sending somebody from Canada when “they happen to be in the area.” They blamed us saying improper chemical use even though we had a professional service provider and chemical records indicating nearly zero chlorine at the time it started turning pink as we were relying on the UV system.Other IssuesThe pool’s window seals are deteriorating, water jets are leaking, and rust spots are appearing, all within six months of installation. Despite numerous attempts to address these concerns, Modpools has been unresponsive and unhelpful.We invested over $115,000 in this project, and now we’re left with a pool we can’t use. The lack of customer service and support is disheartening.If you’re considering a Modpool, I urge you to read reviews and research carefully. We regret being swayed by glossy photos and flashy marketing. Don’t make the same mistake.
Here's there website, which features a pool we delivered and installed. Easier to be a happy end user when you had nothing to do with the erraticness of the production and delivery process.
November 2, 2026
VIA EMAIL AND TRACKED INTERNATIONAL COURIER
Andrew D.R. Delmonico, Kuhn LLP 100 – 32160 South Fraser Way, Abbotsford, BC V2T 1W5 adelmonico@kuhnco.net
Modpools Inc., Attn: Paul Rathnam, Authorized Signatory 5784 Glenmore Road, Abbotsford, BC V4X 1X7 customercare@modpools.com; levi@modpools.com
Re: Notice of cancellation and demand for refund — 20′ widened Modpool for 3 Rivka Road, Saugerties, NY. Agreement signed May 13, 2026; Purchase Price $[84,000], paid in full. Cancellation under Tex. Bus. & Com. Code §§ 2.711 and 2.616; notice under § 17.505; presentment under Tex. Civ. Prac. & Rem. Code § 38.002.
Dear Mr. Delmonico and Mr. Rathnam:
As your firm requested, I am directing this to counsel, with a copy to Modpools. This is the last letter Catskill Farms will send before filing suit. It sets out the undisputed facts, the contract terms, and what it will take to end this.
1. The facts are not in dispute
- On May 13, 2026, [Buyer legal name, exactly as on Invoice no. ____] (“Catskill Farms”) and Modpools Inc. (“Modpools”) entered into the Agreement for one 20′ widened Modpool, built to Modpools’ Revision 2 drawings dated June 26, 2026, for 3 Rivka Road, Saugerties, New York 12477.
- Catskill Farms paid the full Purchase Price. On August 21, 2026, Modpools confirmed receipt of the final wire, wrote that “everything looks good with the CBP,” and offered to ship on August 28. On August 25 we confirmed delivery for the week of September 14.
- On August 27, Modpools put shipment on hold, citing a new U.S. duty on Canadian-made pools that it says took effect August 22.
- On September 10, Modpools confirmed in writing that the pool “has been manufactured and is complete.”
- Today the pool is more than nine weeks past its agreed ship date. Modpools has not shipped it, has given no delivery date, and has refunded nothing. Its only explanation is a pending request to U.S. Customs and Border Protection (CBP) for a valuation ruling, with no timeline.
2. The contract puts the tariff on Modpools, and Modpools has agreed in writing
Section II9 of the General Terms makes tariffs in effect at the time of shipment the Seller’s sole responsibility, never charged to the Buyer. Modpools’ own August 27 email confirmed that the delay “does not change your Purchase Price” and that tariffs “remain the responsibility of Modpools.” Modpools’ website advertised that it absorbs all current tariffs for its customers, with no surprise charges [Exhibit F, dated screenshot].
Modpools’ October 23 email states the real reason for the hold: it is waiting “before proceeding with shipments that could otherwise be subject to substantial additional tariff costs.” The pool is finished and can cross the border now. Modpools is choosing not to ship it because a cost it agreed to carry has gone up.
3. Force majeure does not excuse this
Section IV covers delays caused by circumstances beyond Modpools’ reasonable control. Nothing is stopping this pool from entering the United States. Imported goods are routinely entered on payment of estimated duties, with any valuation question resolved afterward. A voluntary request for a ruling that might reduce Modpools’ own duty bill is a business choice within its control, not a border closure.
The Agreement is governed by Texas law (Section VIII). Under Tex. Bus. & Com. Code § 2.615, increased cost does not excuse a seller’s performance, and a seller cannot claim excuse for a risk it expressly assumed. Modpools assumed this exact risk in Section II9. And even where a force majeure clause applies, it allows a delay of reasonable length, not indefinite retention of a fully paid product with no delivery date.
4. Cancellation and demand for refund
Modpools agreed to ship on August 28, 2026, for delivery the week of September 14. It did not, and it has given no delivery date since. The pool was ordered for a specific house on a specific schedule. That window has closed, and a pool delivered now is of no use to this project.
Catskill Farms therefore cancels the Agreement under Tex. Bus. & Com. Code § 2.711 for Modpools’ failure to make delivery, effective on your receipt of this letter. In the alternative, if Modpools maintains that its delay is excused under Section IV or § 2.615, this letter is Catskill Farms’ written notice under § 2.616 terminating the Agreement because of a material and indefinite delay. Either way, Modpools keeps the pool and returns the money.
We demand a wire of $[84,000] to the account the payments came from, received no later than [November 23, 2026]. On receipt, Catskill Farms releases all interest in the pool, which Modpools may resell.
Section II[6] does not change this. Its non-refundable language addresses a Buyer who walks away for its own reasons, not a Buyer whose Seller failed to deliver. And forfeiting 100% of the price for a pool Modpools still holds and can resell would be an unenforceable penalty under § 2.718.
If the refund is not received by that date, Catskill Farms will file suit for the full Purchase Price, incidental and consequential damages, interest, and attorney’s fees.
5. Notice under the Texas Deceptive Trade Practices Act (§ 17.505)
This letter is also written notice of Catskill Farms’ claim under Tex. Bus. & Com. Code §§ 17.41 et seq.
- Specific complaint: Modpools represented on its website and in its Agreement that it absorbs all tariffs with no surprise charges. It accepted full payment on that basis. It is now withholding the completed pool to avoid that cost, neither delivering nor refunding, while (by its own October 23 account) telling new customers that tariff costs are theirs.
- Economic damages: $[84,000] Purchase Price, plus $[____] in costs from losing the pool for the 3 Rivka Road house [itemize: site work and pad already completed, redesign, substitute amenity, carrying costs].
- Attorney’s fees reasonably incurred to date: $[____].
If this is not resolved within 60 days of your receipt of this letter, Catskill Farms’ suit will include its DTPA claims, including the additional damages available for knowing conduct.
6. Presentment (Chapter 38)
This letter presents Catskill Farms’ contract claim. If the amount owed is not tendered within 30 days, Catskill Farms will seek its attorney’s fees under Tex. Civ. Prac. & Rem. Code § 38.001.
7. Forum
Section VIII requires that all claims arising out of or relating, directly or indirectly, to the Goods or the Agreement be brought exclusively in the courts of the State of Texas. Catskill Farms will file there. That clause binds both parties.
8. Preserve evidence
Litigation is reasonably anticipated. Modpools must preserve all documents and communications about this order; the pool’s production and completion; the CBP ruling request and all CBP correspondence; communications with its customs broker; its website statements about tariffs and their revision history; and every pool shipped to, sold to, or quoted for U.S. customers since August 22, 2026.
[Optional, recommended: “Catskill Farms’ public statements about this matter are limited to the documented facts set out in this letter.” Use only once the website page has been revised to match; see Case File tab.]
A refund ends this.
Sincerely,
Charles (Chuck) Petersheim Founder, Catskill Farms On behalf of [Buyer legal name] and individually [Mailing address] · [Phone] · charles@thecatskillfarms.com
Enclosures: Exhibits A–H (see Case File tab)
Excluding Us
It's hard not to consider monetizing your Catskill Farms house when you see the prices they go for, or the ease of selling, many times both. Our resales seem to go quick, and even those who own their home for just a few short years (a big no-no real estate just because the costs of transaction), even those peeps squeeze something out of it many times.
It's a familiar refrain - Catskill Farms' homes sell. Realtors love them. New buyers love them. And because we build and sell at a fair price, it does leave that potential for our valued homeowners to get out whole, or in many situations, with a tidy profit, and in some instances of fortunate timing, eye-popping profits. But I'd say the thing that matters more than profits is that they sell, at all, consistently. You don't have to play in this market long before you realize that is not a foregone conclusion. I think my clients who are selling are doing a good job listening to their realtors, pricing them right, not overpricing them, and that formula is working. There is still a deficient of houses in the Ulster market that match the settings, designs and quality of ours.
What is interesting - and this has been true for as long as I have been in business - to some degree people hate giving Catskill Farms the credit, in part or in whole, for any part of this process success. Many realtors won't post our names on the description, either out of pointed spite, or not wanting to give us free marketing.
But the marketplace knows what's ours and they react, and I'm sure part of the sales pitch is complimentary to our efforts, but many times the MLS listing exclude us, many times for some past brush up with me, doing the exact job that makes the initial success for our clients (a home with value and style and dependable construction). And when they go to sell, that same effort that positioned them advanteously in the first place positions them again nicely in the re-sell space. Having me to deal with is why the homes are valuable, because I pay attention and I care about them, more than I care about someone's feelings who is phoning it in. The standard we set and expect offends some people who work with us, and my willingness to sacrifice feelings for performance has been an integral part of our culture from early on. Not out of choice, but necessity, for survival.
The recent weird one is that this shitty company ModPools now has the Mini-Barn of Narrowsburg as its showcase home, with a link to its airbnb listing right on the pool's homepage - weirdly. Why, more on that later -stay tuned for a good old fashioned rant. Or maybe I'm too old for ranting - maybe it'll be wordful astonishment.
Some Catskill Farms homes being marketed and greedily snapped up.
Here's a farmhouse in Olivebridge we sold just a few years ago, with no improvements since we sold it, with 15% price increase, asking $1.3m, and just a few weeks on the market.
.webp)
Here's a barn, in the same area, in contract within weeks, for more than they paid.
.webp)
And another 2017 farmhouse that is now on the market - this one seems pretty underpriced to me giving its location, neighbors, parcel size and home size.
60 Dawson Lane, , Farm 44, MLS
And another Farmhouse on Dawson Lane for sale.
