I included the contract if anyone has time and would like to read over it. Thanks ag
That the Contractor and the Owner, for the consideration herein after named, agree and bind and obligate themselves as follows:
Contractor to construct a swimming pool in accordance with the attached plans and specifications. In the event of conflicts between documents, specifications to govern.
Owner agrees and obligates to pay Contractor the sum of __________________________ dollars ($________________) for the above-described work/project, together with any additional costs including, but not limited to, amounts for change orders, extra work, overages, and/or escalated costs of materials, payable as follows:
PAYMENTS
35% when contract is signed.
35% draw when gunite has been sprayed.
25% when tile and coping have been installed.
5% when plaster has been applied.
In the event Contractor has substantially performed the work necessary to make a particular stage draw, but one or more items have not been completed due to circumstances beyond Contractor’s control, then Contractor shall be entitled to a partial draw in an amount equal to the percentage of such stage completed by Contractor.
Owner shall be in default of the Contract if (a) Owner fails to pay any draw to Contractor within (3) business days of its due date, following receipt of Contractor’s invoice therefore. In the event of Owner’s default, Contractor may suspend work until Owner cures such default. Contractor shall be under no obligation to complete any punch list or perform any warranty or any other work until Owner cures all defaults. In the event payments are not made within three (3) days as described above, Owner shall be considered in default and owe to the Contractor, the unpaid balance, together with interest from the date payment is due until paid, at a rate of one and one-half percent (1.5%) per month, plus any and all cost of collection, including but not limited to reasonable attorney’s fees, expert witness fees, costs of depositions, filing fees and other court costs.
SELECTIONS/SUBCONTRACTORS:
The project is to be completed through Contractor’s approved suppliers and subcontractors. In the event items are furnished by the Owner, their suppliers or other subcontractors, no warranty will be provided by the Contractor and the Owner’s sole remedy will be the product warranty by the manufacture or installer for which the Contractor will not be responsible. However, all expenses whether incurred, expensed or accrued by the Contractor, Owner or by others on behalf of the Contractor or Owner shall be added to the cost of the project for the purposes of computing Contractor’s fee.
Contractor shall not be responsible for any changes, substitutions and/or variations made to the plans and/or specifications unless said changes, substitutions and/or variations are submitted to the Contractor in writing, agreed upon, and signed by both parties. However, Owner further understands and agrees that Owner is responsible for all changes, substitutions and/or variations, regardless of submission in writing, and that Contractor is neither responsible nor liable for any costs arising from communication and/or miscommunication of the Owner’s instructions to Contractor’s employees, sub-contractors, representatives, and the like and that Owner is responsible for Contractor’s costs in calculating and implementing changes. Contractor reserves the right to refuse to implement any changes as requested by the Owner.
COMMENCEMENT OF CONSTRUCTION (check one)
__X_ Construction to begin as soon as permits are issued and LaOneCall has marked applicable utilities.
COMPLETION OF CONSTRUCTION (check one)
____ Completion is determined when the Parish issues final approval for the project.
__X__ Completion is determined when the project is fit for its intended use.
In any event, completion is to be within one-hundred twenty (120) days after commencement of construction excluding weather delays and delays caused by Owners or change orders. This time period may, at Contractor’s option, be extended one day for each day of delay, if construction is delayed due to weather, fire, strikes, material shortages, labor shortages, Acts of God, Owner delays, or other normal variations in the construction process including, but not limited to, the selection, ordering, manufacture, and/or installation of components or Owner selections. Failure of Contractor to timely complete shall not be considered default.
In the event that Owner delays construction or causes construction to halt, Owner will be penalized in the amount of $0.00 per day until work can be resumed. Owner is to give a punch list to Contractor two weeks after substantial completion, or upon notification by the Contractor.
INDEMNITY:
Owner understands and agrees that neither owner nor any guest of owner shall be allowed on the jobsite without the express permission of Contractor and unless accompanied by Contractor. Owner shall, to the fullest extent provided by law, indemnify and hold harmless the Contractor from any claim, liability, or costs (including reasonable attorney’s fees and all costs of defense) for any and all damages, economic loss, property damage, bodily injury, mental anguish, and/or any other loss to Owner, guests, or others arising or allegedly arising from the work and/or under this Contract, except any loss or claim due solely to contractors gross negligence or intentional fault.
CONTRACTOR WARRANTY:
Contractor shall not be responsible for Owner’s failure to read and/or understand the plans and/or specifications. Contractor warrants for one (1) year that all labor will be performed in a workmanlike manner and that all materials and equipment incorporated into the work will perform to industry standards. Contractor warrants a Lifetime Warranty on the gunite shell, through Gunite Express, for as long as the homeowner owns their home. Contractor warrants for three (3) years all electrical panels, pumps and filters. Pool sweep pump warranty is for 1 year. All This warranty shall be exclusive and Owner waives any and all other remedies and/or causes of action, including but not limited to claims for non-pecuniary damages, breach of contract and negligence, against Contractor. In addition, Owner shall be responsible for any and all soil testing and/or soil compaction and Owner further waives any claim against Contractor for any loss or damage, including but not limited to property damage, bodily injury or mental anguish caused by soil conditions or soil movement, including (but not limited to) cracks in concrete, gunite, mortar, bricks or tile, and/or damage to plumbing, equipment, or fixtures. Brian Keith Pools will do whatever we can to prevent cave-ins. Should any part of the pool slough off due to poor soil conditions or weather (rain)…there may be an additional charge to repair the damage. Owner is hereby made aware that all concrete cracks. Please note: If the sewer line is in the way it must be re-routed by a licensed plumber at homeowner’s expense. La One Call does not mark the sewer line!!! Contractor’s quality standards shall be governed by industry standards.
PLASTER: Plaster finish and watercolor are considered to be subjective and your watercolor will be unique to your pool and its surroundings. You can expect the color of the plaster and water to vary depending on a variety of influences such as the position of the sun, cloud cover, pool design, landscaping, pool depth and water chemistry. Brian Keith Pools makes no warranty or guarantees to the finished color of the pool plaster or water color. Modeling is inherent in all pools and cannot be avoided.
DEFAULT: The parties understand and agree that if the Owner defaults, the Owner shall be liable to the Contractor for all costs, including reasonable attorney’s fees, incurred in enforcing any rights under this Contract. In the event of Owner’s default, including Owner interference with Contractor’s performance under this Contract, Contractor may suspend work without penalty until Owner cures such default. Contractor shall be under no obligation to complete any punch list or perform any warranty or any other work until Owner cures all defaults. Payments due and unpaid under this contract shall bear interest from the date payment is due at the rate of one and one-half percent (1.5%) per month.
DISPUTES:
Contractor, in its sole discretion, may require that any disputes between the parties arising out of, or relating to, this agreement or the breach thereof, or the project be mediated which mediation, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. In the event that mediation is not successful, Contractor, in its sole discretion, may require that said disputes or claims be decided by arbitration in accordance with the construction industry arbitration rules of the American Arbitration Association currently in effect, unless the parties mutually agree otherwise. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
All agreements and stipulations herein contained, and all obligations herein assumed, shall inure to the benefit of and be binding upon the heirs, successors, and assigns of the respective parties hereto.
Any errors, omission, and/or ambiguities with regard to the meaning of terms and/or conditions herein stated shall not be construed against the maker of this document.
This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.
See Bid Letter for construction list breakdown.
I have read and understand the terms and conditions of the foregoing agreement.
Signature Date
