Drawing Up a Contract for a Swimming Pool

As with any type of contract, a swimming pool construction contract is a binding agreement between two parties, yourself and the pool contractor. While a contract is binding whether it is written or verbal, you should always ask for a written contract to avoid disputes with the contractor in the future. The following are items which should be addressed in your contract whether you are building a concrete, vinyl or fiberglass swimming pool:

• Plans and Specifications: The contract should state the work to be done, including a scale drawing of the pool to be built which should be appended to the contract to indicate the specifications of the project such as location, shape, size, and dimensions. The plan should also show the location of the pool's support system, including filter, pump, heater, return lines, main drains with pipe sizes, skimmers, and accessories, including solar panels. Contracts for air-sprayed mortar (gunite) pools should contain a tolerance provision which is within 1/8 of an inch and which outlines the rebate you get if the pool is undersized or the additional amount you will pay if the pool is oversized.

• Performance: the contract should address the work which is to be performed, materials to be used, equipment to be installed (including manufacturer and model numbers), the dates when work will start and end and any penalties for unreasonable delays in construction.

• Termination Provisions: The contract should address each party's rights to terminate, suspend or arbitrate the project, the manner and time frame for notifying intention to terminate, suspend or arbitrate and any penalties.

• Excavation and Grading: The contract should address the cost of accessing the site, relocating utilities and excavating soil. It should also assign responsibility for the cost of excavating unknown underground hazards, final grading and for the cost of removal of waste material.

• Payment: The contract should provide a payment schedule (incremental payments based on the completion of stages of construction) and the issue of ownership in case of bankruptcy. Keep in mind that certain jurisdictions will require home owners to hold back a percentage of the amount due in each payment to protect any subcontractors hired by the main contractor. This is known as the "holdback", or the "mechanic's lien release". Holdback obligations should be addressed in your contract's payment scheme. Seek legal advice regarding any holdback obligations you may have to ensure that you are not held responsible at the end of construction for paying a subcontractor who was not paid by your main contractor. You may also ask the main contractor to post a bond to ensure that any subcontractors are paid.

• Legal Conditions: The contract should address the validity period for the agreed upon price, responsibility for obtaining permits and ensuring compliance with zoning regulations, liability for damages and personal injury and guarantee provisions for work performed and equipment installed. Under federal law, you have the right to be advised that equipment warrantees are available and the right to examine these warrantees.

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