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What is a Swimming Pool Contract?
When adding a swimming pool to your residential property, a swimming pool contract outlines the services you agree upon with the pool builder. This is a construction contract that includes a liability waiver, detail of services, an overview of materials, and more.
Using a swimming pool contract to outline your pool construction before its installation protects your home and the builders. It sets project deadlines and includes a complete overview of what the final result will look like.
Swimming pool contracts for home renovation are common. A reputable pool company will issue one to you before starting any work.
Here is an example of a swimming pool construction contract from a genuine company that you can use for reference.
What’s Included in a Swimming Pool Contract?
As a legal document, a comprehensive swimming pool contract should include a clear list of details that protect both the homeowner investing and the pool builder.
In a swimming pool contract, you should cover:
- A full description of the pool construction services.
- A list of equipment and pool materials used in construction.
- A detailed diagram of the final project, including its size, shape, diameter, fixtures, etc.
- Project deadlines and a detailed timeframe for the completion of the entire project.
- Contingencies may affect the deadline, such as broken equipment, inclement weather, and change order.
- Payment terms for the project.
- A liability waiver or hold harmless agreement between builder and client.
Part 1. A Description of Services
A construction contract should provide a detailed list of the contractor's services and any subcontractors may perform on a given project.
The services description also provides an overview of the project scope, such as installing or adding a pool, retiling a pool, or adding water features to an existing pool.
This introductory section should also include details about the pool itself, including the location, size, shape, design, and any installation requests the owner makes.
Additionally, the services portion of a swimming pool contract should outline any required permits and their attainment before construction.
The swimming pool contract is different from a time and materials contract, which is broader and does not set a specific deadline for any services. This allows the contractor to issue a “not-to-exceed” clause, or maximum price quote, for their services.
Avoid signing a time and materials contract when adding a swimming pool to your home. Instead, it is better to have a legal contract with a fixed time and price for your pool’s installation and completion.
Part 2. Equipment and Material Overview
A pool builder will use extensive equipment and heavy machinery to install a pool on your property. Using such equipment may require building permits, which you will need to acquire before construction begins.
The swimming pool contract should detail what type of equipment and machinery is necessary, an equipment lease or rental cost, conditions, and a description of the quantity and type of materials used for construction, detailing, and decoration.
Image via Pexels by Rodolfo Quirós
Part 3. A Pool Diagram
The contractor should provide a fully detailed diagram of your swimming pool in the final construction contract. A swimming pool contract needs a diagram to visualize the project at hand and illustrate what the final results should look like.
This diagram shows the pool’s complete dimensions, such as square footage, surface area, depth, plumbing fixtures, drains, fountains or faucets, and any other features in the pool’s final design.
The diagram helps to ensure the builder and client agree upon the final design and that both are aware of the project's scope. They should completely agree on the plan before signing a contract.
Part 4. Project Deadlines
One of the biggest mistakes people make when arranging swimming pool construction is not setting a timeline for the builders to meet. Whether you are arranging a new installation or swimming pool renovation, the deadlines ensure contractors perform their services in a reasonable timeframe.
The deadlines should offer a general idea of when the pool job will be complete. It may be difficult for the builder to provide a definitive end date, but there should be a clear approximate start and end date and a work schedule.
The schedule should state the builder's working days and how many hours they will take to complete the job.
Part 5. Contingencies
Contingencies outline what circumstances may impact the agreed-upon terms of a service contract. These include broken equipment, delayed material deliveries, inclement weather, and worker injuries that leave a builder out of commission.
These contingencies may also include alternate arrangement outlines to describe what a pool builder will do if they are unable to perform their services based on the outlined circumstances.
A change order may also be mentioned under contingencies. A change order is an amendment to an existing construction contract that alters the scope or final results. This can alter everything about a project, including its estimated completion date, price, and type of materials.
Part 6. Payment Terms
You should know how much a project will cost when paying for the services and how much you will be charged at a maximum for any amended agreements.
An inductive or deductive change order can alter the final price of a swimming pool installation. So, homeowners should have a contract explaining how they will be charged or reimbursed if their final project falls above or below their initial quote.
The pool builder may use a cost-plus contract, in which the client pays for all of the construction costs plus a contractor’s fee. This is not the same as paying a lump sum for all labor and building materials.
The contract should clearly explain how the client will be charged, how prices will be calculated, and how payment disputes will be settled.
Part 7. A Liability Waiver
The swimming pool builder may include a hold harmless agreement, also known as a hold harmless clause. This type of liability waiver indemnifies the contractor from legal and financial responsibility as a result of personal injury you or another person sustains on their construction site.
However, every state has its limitations and requirements for hold harmless agreements. For example, your state may prohibit using them during construction jobs, so you should consult with a lawyer before signing any liability waiver.
You can learn more about swimming pool contracts and what to include in yours in this article.
How Do You Negotiate with a Pool Builder?
You should first request quotes from at least three builders before choosing one for your swimming pool. Negotiations must be relevant and reasonable based on the market price and the project's scope.
To negotiate effectively, you must consider the nature of your request and the cost to the builder. For example, asking them to perform labor for far lower than their standard rate is not fair, so it will not result in a profitable gain on your end.
For the best outcome, you should:
- Understand the average cost of the type of pool you want.
- Research different companies and request quotes.
- Compare quotes and ask builders how much they can negotiate.
- Ask for an itemized list of materials and equipment to understand the builder’s price.
Here is an article that explores whether pool prices are negotiable and how to get the best deal.
How To Write a Swimming Pool Contract
You may decide to work with a construction lawyer when writing a swimming pool contract. You can start by using a swimming pool construction contract template online, then modify it to fit your project's particular scope and parameters.
The lawyer can ensure you cover all the necessary points to protect your finances, property, and well-being. They can also review a contract issued to you by a pool builder to ensure that you are only being given a fair legal document.
This article outlines a pool contract and includes certain points you may wish to incorporate into your document.
Questions to Ask Before Signing a Pool Contract
Before signing a contract, it is always a good idea to ask questions. In addition to carefully reviewing the contract and possibly seeking a lawyer’s review, you should ask the pool builder questions.
Asking these questions can help ensure you only work with the best company for the job. Questions to ask a pool builder before signing a contract include:
- How many years has your company been in business?
- Can I get a copy of your license number to verify?
- Can you provide references for your work?
- Do you have photos of pools like this you have built in the past?
- Do you have all the required permits, and can I see proof?
- How do you ensure a pool is up to code?
- What safety measures do you take during construction?
- How long will this project take?
- What is the maximum price you will charge for this project?
- After completion, do you fill the pool, and is this service included in my quote?
Here is a checklist of questions you should ask a pool builder before you agree to work with them.
Get Help with a Swimming Pool Contract
Given the time and expenses involved in building a swimming pool, it is always wise to hire a lawyer to help you with a potential swimming pool contract. Post a project in ContractsCounsel’s marketplace to get flat fee quotes from lawyers to review and compare. All lawyers in our network are vetted by our team and peer-reviewed by our customers for you to explore before hiring.
Meet some of our Swimming Pool Contract Lawyers
Ryenne S.
My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.
Daehoon P.
Advised startups and established corporations on a wide range of commercial and corporate matters, including VC funding, technology law, and M&A. Commercial and Corporate Matters • Advised companies on commercial and corporate matters and drafted corporate documents and commercial agreements—including but not limited to —Convertible Note, SAFE, Promissory Note, Terms and Conditions, SaaS Agreement, Employment Agreement, Contractor Agreement, Joint Venture Agreement, Stock Purchase Agreement, Asset Purchase Agreement, Shareholders Agreement, Partnership Agreement, Franchise Agreement, License Agreement, and Financing Agreement. • Drafted and revised internal regulations of joint venture companies (board of directors, employment, office organization, discretional duty, internal control, accounting, fund management, etc.) • Advised JVs on corporate structuring and other legal matters • Advised startups on VC funding Employment Matters • Drafted a wide range of employment agreements, including dental associate agreements, physician employment agreements, startup employment agreements, and executive employment agreements. • Advised clients on complex employment law matters and drafted employment agreements, dispute settlement agreements, and severance agreements. General Counsel • As outside general counsel, I advised startups on ICOs, securities law, business licenses, regulatory compliance, and other commercial and corporate matters. • Drafted or analyzed coin or token sale agreements for global ICOs. • Assisted clients with corporate formations, including filing incorporation documents and foreign corporation registrations, drafting operating and partnership agreements, and creating articles of incorporation and bylaws. Dispute Resolution • Conducted legal research, and document review, and drafted pleadings, motions, and other trial documents. • Advised the client on strategic approaches to discovery proceedings and settlement negotiation. • Advised clients on employment dispute settlements.
Michael M.
www.linkedin/in/michaelbmiller I am an experienced contracts professional having practiced nearly 3 decades in the areas of corporate, mergers and acquisitions, technology, start-up, intellectual property, real estate, employment law as well as informal dispute resolution. I enjoy providing a cost effective, high quality, timely solution with patience and empathy regarding client needs. I graduated from NYU Law School and attended Rutgers College and the London School of Economics as an undergraduate. I have worked at top Wall Street firms, top regional firms and have long term experience in my own practice. I would welcome the opportunity to be of service to you as a trusted fiduciary. In 2022 I was the top ranked attorney on the Contract Counsel site based upon number of clients, quality of work and top reviews.
Alan B.
In my professional career, I have been a commercial litigator practicing nationwide, in-house counsel at publicly-traded and start-up companies, a private transactional attorney, and a registered lobbyist. With my broad experience, I focus my practice on transactional and regulatory matters for new and existing businesses. I work comfortably in-person and remotely, and I am available for travel, as necessary.
Michelle T.
I am an experienced, well-rounded attorney with a background specializing in trusts and estates, contracts and business law. I have extensive experience working with simple contracts all the way up to multi-million dollar deals.
October 5, 2023
Melissa T.
Having more than ten (10) years of experience in commercial law, I have garnered both relevant in-house and law firm experience. With more than a combined seven (7) years in-house experience, I have gained valuable insight in balancing the business needs with the legal risks and applying the legal skills I have acquired to various fields. I have specific experience with SaaS, vendor contracts, customer contracts, and general marketing agreements. Moreover, my law firm background has taught me to be detail-oriented and to be an effective negotiator in all types of commercial dealings.
October 5, 2023
Melody P.
I have been practicing law since 2005 and am licensed in the state of Pennsylvania. I started in Pittsburgh, PA and then moved to Williamsport in 2007 where I have practiced family law almost exclusively since. I am the managing partner /owner of Protasio & Jasper, P.C. I have had multiple Pennsylvania Supreme Court family law cases that have changed the law in Pennsylvania. I pride myself on being able to arm clients with information so that they can make informed decisions about their case.
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ContractsCounsel User
Review Swimming Pool Contract
Location: Texas
Turnaround: Less than a week
Service: Contract Review
Doc Type: Swimming Pool Contract
Page Count: 3
Number of Bids: 3
Bid Range: $645 - $950
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New pool build contract
Location: Florida
Turnaround: Over a week
Service: Contract Review
Doc Type: Swimming Pool Contract
Page Count: 3
Number of Bids: 5
Bid Range: $225 - $800
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