Contract examples?

KDee

Member
Jul 7, 2021
21
Southern CA
Hello all!
It was pointed out in another thread of mine how important the contract is to the process, to protect both the customer and the PB.

I was wondering if anyone would be willing to share examples of their contracts (with PB name and any personal/identifiable information redacted of course) so that us newbies can see what good (and bad) contracts look like before we sign. The one I currently have is on the bad side it sounds. I will post once I can get it on here.
 
I’m a contract manager. Boring as it sounds the #1 rule, READ it. Every line every word. If you don’t like it, ask them to change it. I sent it back 4 times before signing. Ideas of what to look for here:
 
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We did read it, but just didn’t realize how simplistic it was and what issues would come from it. It seemed reasonable at first, but now that things are coming up, we are realizing that many details are missing. Without having ever gone through this before, we didn’t know what issues might arise.
 
Contracts have to be negotiated. If you lay too demanding a contract on a builder you will find no one will accept your job.

What is usually lacking is not so much the contract as the pool specifications and the buyers expectations. The contract will refer to the pool specifications but they should be a separate document as an appendix to the contract. And usually all the specifications are not known at the beginning of a pool design job. This is all what the Pool Builder likes as the less detail int he contract then the more wiggle room he has.

The best contracts are the ones that are put in a drawer and forgotten.

So you have a contract and you don't like what the builder has done. What are you going to do about it? Any legal process takes months or years while you have a hole in the ground. And any legal dispute often costs more in legal fees then the amount under dispute. You should not be relying on the contract for the builder to perform except int he most extreme circumstances.

Most problems have to be negotiated and resolved outside of the formal legal system.
 
Contracts have to be negotiated. If you lay too demanding a contract on a builder you will find no one will accept your job.

What is usually lacking is not so much the contract as the pool specifications and the buyers expectations. The contract will refer to the pool specifications but they should be a separate document as an appendix to the contract. And usually all the specifications are not known at the beginning of a pool design job. This is all what the Pool Builder likes as the less detail int he contract then the more wiggle room he has.

The best contracts are the ones that are put in a drawer and forgotten.

So you have a contract and you don't like what the builder has done. What are you going to do about it? Any legal process takes months or years while you have a hole in the ground. And any legal dispute often costs more in legal fees then the amount under dispute. You should not be relying on the contract for the builder to perform except int he most extreme circumstances.

Most problems have to be negotiated and resolved outside of the formal legal system.
To a point. Small claims court is free and easy. That won’t cover the whole cost but most screw ups will be.
You can always ask for addendum to the contract for changes and/or additions. Get everything you can in writing.
If the builder knows you won’t be taken advantage of, they will usually make it right. They know who they can short change if they are that kind of person.
 
To a point. Small claims court is free and easy.

Too many builders are judgement proof. You can win in Court but then you need to collect ton the judgement.

Your contract is the last resort for resolving an issue and all other means should be taken before it becomes a legal dispute.

The OP is from California who has strong consumer protection state laws that members here have used to resolve pool builder disputes.
 
Too many builders are judgement proof. You can win in Court but then you need to collect ton the judgement.

Your contract is the last resort for resolving an issue and all other means should be taken before it becomes a legal dispute.

The OP is from California who has strong consumer protection state laws that members here have used to resolve pool builder disputes.
I live and work in CA. Once you have a judgement notify the CSLB or threaten to. They will suspend their license. A lien is another option. Like you said though it is 100% the last resort but don’t get ripped off because it requires some work.
 
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This is my contract. Compared to some of the other's I've seen, it's pretty simplistic, no equip model numbers, no time lines, etc. One thing I have thought about is that if the shell floated out of the ground before it was filled, it's my problem. Yet, the drag things on and on. Where I'm at it's not a concern but if someone were in a high water table location, just wondering.

Scope of Work: Build a 16 X 32 in ground freeform gunite swimming pool 5 ft deep with pebble finish e/w a Hayward 1hp
pool pump, Hayward 3⁄4 hp cleaner pump, Hayward sand filter, Hayward Tri Vac 700 pool cleaner, Hayward Pro Logic
control e/w an ION or Hayward salt chlorine generator purifier and two Hayward Color Logic low voltage led lights. This
includes an 6 ft X 8 ft tanning ledge inside the pool equipped with two bubblers and an umbrella holder. Also included is a
7 ft round spillover spa e/w a 2 hp spa jet pump, air blower, led light, a 250K Hayward gas heater and a remote control.
This includes 600 sq ft of brushed concrete deck and poured cantilever coping. All permits are included. Standard pebble
and tile choices to be determined.
Total project cost = $62,100.00
Payment Schedule:
Deposit = $9,000.00 1

st draw = $17,000.00 @ completion of steel and plumbing 2nd draw = $17,000.00 @
completion of gunite shell 3rd draw = $17,000.00 @ equipment set Final draw after completion = $2,100.00
**Note: Items Below are at Additional Cost:
Concrete Walls @ $28.00 / sq ft
Additional brushed concrete deck @ $7.00 / sq ft
Kool Deck texture @ $3.50 / sq ft added to brushed concrete price on deck pour day
Stained and stamped deck @ $7.50 / sq ft added to brushed concrete price
Water spouts in the deck @ $300.00 each
**Any work not specified under “Scope of Work” will be at an additional cost to the customer. ***
Note: No dirt hauled into the pool site or out of the pool site. Gas service to the equipment pad is furnished by the
homeowner. No landscaping pool finished to rough grade. Water furnished by the homeowner.
Signee agrees that the above prices, materials, specifications and conditions are acceptable. I hereby authorize 'builder' to
complete the work. Six year plaster warranty is on de-lamination only. Mottling is not a product defect or warrantable item. 'builder' does not carry pool pop-up insurance. 'builder' is not responsible for pool pop-ups or structural damage of any kind
caused by uncontrollable underground hydro-static water pressure. Warranty is void if water is turned off during filling process or if pool is drained the
first 90 days. Signee agrees to pay any and all debt collection expenses associated with this contract. Signee agrees to pay a late fee of $50.00 plus 3%
per 30 day period if debt is not paid by contracted date. I understand that there is no warranty until invoice is paid in full. Signing this quotation creates a
binding contract between 'builder' and signee.
Contractor/Home Owner
 
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