Seeking Guidance in Creating a Sufficient Pool Contract

[NC Pool Store]

Hello everyone,

Before I get to my question/request, I'll give y'all a little background information.

I am one of three owners of a newly formed pool store in North Carolina (opened April of this year). Before opening the store, we gained experience in the pool industry as independent contractors, hired by existing pool companies. Because of this, we were presented with a major learning curve regarding sales and installation agreements. My partners work in the field, so I am the sole person in charge of all managerial aspects of the business, including the aforementioned contracts. Despite the learning curve, I was able to create a sales agreement that proved to be adequate for the pools we offered at the time: above grounds and small, vinyl liner in-grounds. We decided to offer fiberglass inserts and were met with so much interest, that we now have a list of people ready to move forward. I know that our existing contract will not work for these larger projects, and am hesitant on simply expanding my existing document. I've done hours of research on what should be included in a pool contract/agreement, but am still pretty lost.

With that said, I am looking for advice or guidance in this matter. I want to keep things as simple as possible, while protecting both the business and customer. If there are homeowners or pool professionals who have suggestions (what to include, formatting, etc.), based on their experience(s), it would be greatly appreciated.

 

[JamesW]

Note: My opinion, not professional advice.

In my opinion, you need to be as detailed as possible.

Contracts should include a description of what will be done, when it will be done, what the quality control standards are, pricing, what’s included, what is not included, what’s extra, what’s optional, what are the risks, what might happen that will increase the time or cost, exact make and model of all parts and equipment, what happens if the project does not meet the time or quality metrics as specified, the payment schedule etc.

You should provide details about your business including the actual corporate name registered with the state, your business license, your liability insurance, your bond if you have one, your worker’s compensation, your general contractor’s license, what subcontractors you will use and their qualifications including their liability insurance, their bond if they have one, their worker’s compensation insurance and their trade contractor’s license.

You should specify what permits are needed and who will handle the permits.

 

[DrewLG]

... and after your draft is complete, please please please have it looked over by a local lawyer with experience in construction law.

 

[JamesW]

There are many templates as well as services like rocketlawyer and legalzoom that can create documents.

https://www.rocketlawyer.com/sem/construction-contract

Attorney-Drafted Templates | LegalZoom

Create documents easily with our 190+ attorney-drafted templates. Answer guided questions and download your document for free.

www.legalzoom.com

19 Things Every Construction Contract Should Have

See what contractors and home and business owners need to include in a construction agreement.

www.legalzoom.com

 

[JamesW]

Can you show your current contract?

Where did you get your current contract?

 

[NC Pool Store]

Can you show your current contract?

Where did you get your current contract?

I altered an existing invoice excel template, to create a very simple sales contract. In the blank spaces and highlighted sections, I input all necessary information. When possible, I include specific equipment information, instead of generic terms like "filter system w/ pump."

 

[NC Pool Store]

There are many templates as well as services like rocketlawyer and legalzoom that can create documents.

https://www.rocketlawyer.com/sem/construction-contract

Attorney-Drafted Templates | LegalZoom

Create documents easily with our 190+ attorney-drafted templates. Answer guided questions and download your document for free.

www.legalzoom.com

19 Things Every Construction Contract Should Have

See what contractors and home and business owners need to include in a construction agreement.

www.legalzoom.com

I have utilized similar websites before, but I feel like they aren't catered towards pools. If I'm going to pay for a contract or template, I would want something a little more specific to the pool industry. As I work on the contract, I'm using regular construction templates as inspiration, rather than fill in the blank.

 

[JamesW]

You should make sure that everything meets all local building codes and all industry publications.

For example, if the industry standard for a fiberglass pool installation is +/- 1/4” for level, then you should state that you will meet or exceed this standard.

You should reference every applicable standard and that you will measure and meet or exceed the standard.

If there are any variables like hitting water or rock or moving utilities or whatever that will cost more, you should specify that these are variables that will cost more and what the cost is and what the statistical probability is.

You should verify things like access and make sure that everything will go as planned.

You should give the customer the choice of different system packages and allow them to choose what they want based on their needs and budget.

Purchase or Read PHTA Standards

Codes, standards, and regulations vary between jurisdictions, which can make them complicated to navigate, but compliance is critical. Understanding and applying the rules and regulations which govern industry activities prov

www.phta.org

ANSI/APSP/ICC-5 2011 American National Standard for Residential Inground Swimming Pools

This standard applies to permanently installed residential inground swimming pools intended for noncommercial use as a swimming pool by not more than three owner families and their guests and exceeding 24 in. (61 cm) in water depth. EXCEPTION: Separate ponds, fountains, decorative water...

issuu.com

 

[TKpoolOH]

100% agree it should be as specific as possible. Now, from personal experience as I'm trying to build my own pool: An absolute must have in my mind while I'm currently in my experience is to have a start date, completion date, and consequences for not meeting those. I will never sign a contract like this again without those pieces of information (no accepting someone's word or secondary communication outside of the contract for these requirements). I wish you all the best of luck because right now I loathe, beyond description, my PB. However, it sounds like you're going to be one of the good PB's and as evidence of being on TFP that should hold!