After Mike McCool finished yelling at me on the phone (Tuesday 6/19/12) telling me that I'm "just going to have to live with it", I responded with, The contract says the shallow end is 4', it's not, what are you going to do to fix it? He said he'll have to get back to me. This past Wednesday 6/20/12, I got a call from him saying his construction manager would be out to measure again. Late Thursday I get a call saying they weren't coming Thursday, they'd be there friday. Friday, the construction manager showed up. I have 6" square paper cutouts representing the tile, with the lower half blue representing water, and wanted to review with him, my understanding of where we are and what we might be able to do. He responded with "I was sent here to measure the pool, that's what I'm doing", and had no interest in discussing anything further.
They have obviously messed things up and seem to be in no hurry to fix them.
I would highly recommend NEVER doing business with this company. The have created a mess, the construction manager admitted they "missed", and to this point are not owning up to it. The summer is wasting away, their professionalism is far from acceptable, and their desire to right what they made wrong shows no signs of urgency.
UPDATE 6/26/2012: I received a call today from Mike McCool. He has told me the following: On Friday, 6/29/2012, Swim-mor will be out to dig out the shallow end of our pool, remove the rebar, dig it deeper to 4' for the whole shallow end, and re-gunite the removed section, which will make the pool exactly as ordered. Lifetime structural warranty remains in effect. If this indeed happens as it's been explained, my ratings of Swim-mor will be changed dramatically for the better, as it's a clear indication to me that they have admitted their mistake, but owned up to it to make it right. It takes a good company to right a wrong like this, because I know the cost and effort is not a trivial one. I am well pleased at the progress made today. More to come! Hopefully all on a positive note!