This Pool Construction Contract sets forth the terms and conditions of an agreement between a contractor and a client for the construction of a pool on the client's property. The document contains the material terms of the contract including the specifications of the pool, the schedule of work, and the payment schedule. It includes numerous standard provisions that are commonly found in these types of construction contracts and may be customized to address the specific needs of the parties. This document should be used by contractors and clients when engaging the contractor's services to construct a pool.
This Pool Construction Contract sets forth the terms and conditions of an agreement between a contractor and a client for the construction of a pool on the client's property. The document contains the material terms of the contract including the specifications of the pool, the schedule of work, and the payment schedule. It includes numerous standard provisions that are commonly found in these types of construction contracts and may be customized to address the specific needs of the parties. This document should be used by contractors and clients when engaging the contractor's services to construct a pool. POOL CONSTRUCTION CONTRACT This Agreement made on this _____ of _____, 20__ [Instruction: Insert date.] (hereinafter the “Agreement”) between _____ [Instruction: Insert Client name and address.] (hereinafter the "Client") and _____ [Instruction: Insert Contractor name and address.] (hereinafter the "Contractor"), collectively referred to herein as the “Parties”. ARTICLE I ENGAGEMENT AND DESCRIPTION OF THE WORK A. Client engages Contractor and Contractor agrees to provide all necessary services, materials and labor necessary for the completion of construction of a pool with the following specifications: _____ [Instruction: Insert description of pool to be installed, including size, shape and whether same is inground, semi-inground or above ground. Also, include how pool will be constructed, whether by gunite or otherwise and any tile or other lining to be installed. If additional pool related projects are included, such as a deck, walk way or landscaping, include description of same here.] including those more specifically set forth on Schedule 1 [Comment: Schedule 1 should include a detailed description of the project particulars, including anything not described in full detail above, including but not limited to, any additional electrical work to be performed by Contractor, pool and/or area lighting, pool heating system, sanitation systems, cover systems, etc.] (the ‘Project”), including but not limited to, all building and construction materials, requisite labor, training and site security, and all necessary tools and machinery needed for project completion. All construction materials should be new and of good quality, in compliance with all applicable laws and codes and shall be covered by a manufacturer’s warranty, if applicable, unless previously specified by Client. Contractor shall provide Client with any and all applicable warranty materials received by Contractor. In the event any such warranty is transferrable and requires transfer to the Client to remain in full force and effect, Contractor shall, to the best of its ability, perform all such actions and complete any and all such forms necessary to transfer any and all such warranties. B. The parties hereto agree as part of the Project, Client shall hereby purchase, and Contractor shall hereby furnish and install (such installation shall be according to industry standards and manufacturer’s specifications) the following hydraulic and filtering specification and automatic pool equipment and accessory items set forth on Schedule 2. [Comment: If spa also being installed, include additional language regarding same, and include such items on schedule.] C. [Comment: If Client to be responsible for any portion of installation, including any cure time for gunite and/or plaster, please specify same here.] D. As part of the project, Contractor shall supply structural engineered plans, pool layout plans, and shall lay out pool prior to excavation for approval by owner, excavate pool, set © Copyright 2012 Docstoc Inc. 2 pool elevation, remove shrubbery or other landscaping and/or debris [Comment: Parties may delete any inapplicable items and/or add other items which are not included herein but which will be part of the scope of work.]. E. [Comment: If any fencing is to be removed and replaced, or added, please include same here.] F. Owner shall identify property lines and easements and notify Contractor of same. Contractor shall bear no liability for placement of any part of the pool or Project on any portion of any easement or other party’s property line as a result of Owner’s failure to properly identify any such property line and/or easement and properly notify Contractor of same. ARTICLE II SCHEDULE AND TIME OF PERFORMANCE A. Contractor will begin work on _____ [Instruction: Insert commencement date.] and the work is estimated to be completed by _____ [Instruction: Insert anticipated completion date.], subject to any change orders or other factors as set forth herein. B. As this project is time sensitive, Contractor will be assessed a fee of _____ [Instruction: Insert dollar amount of fee.] per day that work is not completed after the final deadline of _____ [Instruction: Insert final deadline date.], unless Client consents to a specified extension or unless such delay is due to any change order specified by Client or Client default hereunder, or otherwise due to any delay or fault of Client. Additional damages will be assessed and liquidated damages will be deducted from the total payment amount due to Contractor under the payment schedule specified in this Agreement. C. In the event that Client and Contractor agree on changes to the Project after this Agreement is executed, the Parties will agree to new time deadlines that are reasonable in light of the modifications. ARTICLE III PAYMENT SCHEDULE In consideration of the performance of this Agreement, Client agrees to pay the Contractor on a payment schedule for the services as set forth in Schedule 3, which payment schedule shall set forth the amount Contractor will be paid for performance of the design phase work or services performed during the construction phase, as well as the final payment, among other project milestones. ARTICLE IV COMPLETION The parties agree to the milestones and completion schedule for the Project services as set © Copyright 2012 Docstoc Inc. 3 forth in this AgreementSchedule 2. ARTICLE V CHANGES TO THE WORK A. All changes or modifications to the work requested by Client must be made in writing, with appropriate adjustments made to total payment and payment schedule. The approval of both Parties shall be required for substantial project changes such as the date of completion, project price, and substantive modifications to the Project itself. Notification of all other changes requested by Client, including but not limited to changes in materials must be made in a timely manner. Contractor shall bear no liability for failure to perform such requested changes, or additional expenses incurred in removal of previously agreed upon work performed hereunder and replacement thereof with requested revised materials due to Client’s failure to timely notify Contractor of such requested changes. Further, in such instance, Client agrees such changes, including but not limited to changes to payment therefor, and completion of applicable milestones, including completion date shall be deemed incorporated herein. B. If these changes should require additional expense to Contractor, Contractor must make a claim for increase in payment, in writing, to Client, in a timely manner. Client must approve this claim for increase in writing prior to any changes to the work, project, or schedule except as otherwise set forth herein. ARTICLE VI DELAYS A. If the Contractor is delayed at any time in the commencement or progress of its Work by an act or neglect of Owner or any architect, or any subcontractor hired specially by Owner, or of an employee of either, or by changes ordered in the Services, or by labor disputes, fire, unusual delays in deliveries, unavoidable casualties or other causes beyond the Contractor’s control (including but not limited to acts of God, total or substantial destruction of the premises through no fault of Contractor, acts of war, actual or threatened acts of terrorism, insurrection or hostilities, acts of a public enemy, epidemics or quarantines or other causes similar to those enumerated) or by delay authorized by Owner’s pending mediation or arbitration or by other causes which the Contractor determines may justify delay, then the completion date shall be extended by change order for such reasonable time as Contractor may determine. B. In the event of unavoidable casualties, the Contractor shall properly document both the event and the impact of that event on project completion to the best of his ability. Documentation shall be presented to Client in a timely manner, based on the circumstances surrounding such unavoidable casualty. ARTICLE VII RIGHT TO STOP WORK © Copyright 2012 Docstoc Inc. 4 If Contractor fails to correct defective work or persistently fails to supply materials or equipment in accordance with the Contract Documents, Client may order Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated. Client shall remain liable for payment for services rendered and Project work performed until such time as such order to stop work. ARTICLE VIII ACCESS AND CONDITION OF PREMISES A. Free access to the work and project site shall be granted by Contractor to Client, the designated agents of Client and all necessary public authorities, subject to Contractor’s instructions and requirements regarding conditions upon such visits. B. Contractor agrees to keep the premises clean and orderly. Contractor shall remove all debris and garbage as needed during the hours of work in order to maintain work conditions free of health or safety hazards. ARTICLE IX WORK PERFORMANCE AND WORK QUALITY A. Contractor shall conduct his activities in a professional manner and adhere to the reasonable wishes of Client in relation to his working schedule, except that Contractor shall not be required to perform such work in contradiction to applicable law or standards or local custom. Additionally, Contractor’s work shall adhere to and be in compliance with standard trade practices, manufacturer specifications and applicable law and regulations. In performing the work, the Contractor shall employ a sufficient number of workers skilled in their trades to suitably perform the work. In any instance where any such worker shall be licensed, Contractor shall ensure such worker maintains such licensure. B. Contractor shall protect all work adjacent to the Project site from any damage resulting from the work of Contractor and shall repair or replace any damaged work at his/her own expense. Contractor shall take all precautions to protect persons from injury and unnecessary interference or inconvenience. C. The Contractor hereby acknowledges and agrees that it shall provide to the Owner upon completion of the work, lien waivers, releases or acknowledgements from each subcontractor (other than those specially hired by Owner) or material provider, acknowledging that such subcontractor or material provider has been paid in full. The Contractor hereby agrees that it shall not use any materials from any supplier without obtaining an acknowledgment of full payment for the materials. D. The Contractor hereby represents and warrants to the Owner as follows: © Copyright 2012 Docstoc Inc. 5 a. the Contractor shall complete all Work in a workmanlike manner according to standard practices prevalent in the Contractor’s trade; b. all Work completed shall comply with all applicable building codes and regulations; c. Contractor shall timely complete and retain any and all required forms required by any applicable local, state or federal reporting agency, including but not limited to the Internal Revenue Service and local building code enforcement. However, in the event Owner must complete any such forms in order to obtain any benefit, tax exemption or abatement or service, and Owner fails to do so Contractor shall not be liable for such failure or any loss of benefit, tax exemption or abatement as a result of such failure; and d. the materials used for the Owner will be free and clear from defects ARTICLE X WARRANTY A. Contractor hereby warrants that the work performed and the Project completed will meet the standards set forth and agreed upon by the Parties. Contractor agrees to fix and otherwise remedy any defects in Contractor’s work found by Client in the work within _____ [Instruction: specify time period.] from the date the pool is plastered, at Contractor’s own cost. All pool accessories and equipment to be provided and/or installed as set forth herein shall have those warranties supplied by the manufacturer or provider of such accessory or equipment, rather than that of the Contractor. B. Where Client has had work performed by others, Contractor does not warrant such work, and Contractor shall not be held liable for such work or for damages or losses, if any, which result therefrom. C. The warranties contained herein are only valid if Client has complied with all terms and conditions, payments and other provisions of this Agreement. Further, the warranties contained herein shall become void if any or all of the following occur: the pool is not kept full (except for a 1 day per year maintenance period); if the pool structure is damaged by reason of the water table rising above the lowest point of the pool; any earth or ground fill movement; any act of God. D. Contractor is only responsible for damage resulting to the Project from negligence, dangerous activities, intentional disregard of professional standards of care normally exercised within the industry, or breach of any governmental statute, ordinance, local rule or law. ARTICLE XI INDEMNIFICATION AND LIMITATIONS ON LIABILITY A. Client agrees to hold harmless, indemnify and defend Contractor and each individual or entity that is an agent, affiliate, partner, officer or stockholder against any and all claims, © Copyright 2012 Docstoc Inc. 6 losses, liabilities, damages and expenses, including legal fees, fines, judgments, settlement amounts all made in connection with, or arising from errors in any representation or warranty made by Client under this Agreement, any breach of the Agreement by Client, or any omission or negligent act by Client in connection with this Agreement, provided that such negligent act, omission, or error was not done at the direction of Contractor. B. Contractor agrees to hold harmless, indemnify and defend Client and each individual or entity that is an agent, affiliate, partner, officer or stockholder against any and all claims, losses, liabilities, damages and expenses, including legal fees, fines, judgments, settlement amounts all made in connection with, or arising from errors in any representation or warranty made by Contractor under this Agreement, any breach of the Agreement by Contractor, or any omission or negligent act by Contractor in connection with this Agreement, provided that such negligent act, omission, or error was not done at the direction of Client. ARTICLE XIII INSURANCE A. Client shall be responsible for maintaining full insurance coverage on the work site in both Client’s and Contractor’s name. B. The Contractor shall be responsible for insurance to protect against any property damage, bodily injury, or death or other claims for damages that may result from the commission of the work, including worker’s compensation insurance for its employees or sub- contractors. ARTICLE XIV LICENSES AND PERMITS Contractor will be responsible for obtaining the necessary permits and licenses to fulfill the services as specified in this Agreement. [Instruction: Revise if Client is to obtain permits and licenses.] ARTICLE XV FINES Contractor is responsible for maintaining proper work, safety, and environmental protection standards. Contractor agrees to hold Client harmless for all fines from federal, state, or local agencies and regulators incurred by Contractor as a result of Contractor’s work in connection with the Project. Contractor will work in compliance with all standards required by the EPA, OSHA, and other applicable federal agencies. Contractor will be responsible for paying all fines and judgments levied by these agencies resultant from the performance of this Agreement. ARTICLE XVI © Copyright 2012 Docstoc Inc. 7 GENERAL A. Both Parties are expressly prohibited from assigning this Agreement or any rights or interest flowing from this Agreement. Assignment will only occur with the express written consent of both Parties. B. This Agreement contains the entire agreement and understanding between the Parties and supersedes any prior or contemporaneous written or oral agreements, representations and warranties between them respecting the subject matter of this Agreement. This Agreement will be interpreted and enforced under the laws of The State of _____ [Instruction: Insert State.], without regard to conflict of laws. C. The Contractor acknowledges and agrees that it shall be solely responsible to pay any and all incomes taxes while performing the construction services under this Agreement. The Contractor further acknowledges that the Client will not at any time withhold any taxes from the Client’s payments to the Contractor under this Agreement for the purposes of income tax or any other applicable taxes. D. This Agreement may only be amended, modified or supplemented by a written agreement signed by each party. E. No waiver of or consent to departure from the requirements of any provision of this Agreement shall be binding against any party unless the same is in writing and is signed by such party and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which it has been given. No failure on the part of any party to exercise, and no delay in exercising any right under this Agreement shall operate as a waiver of such right. No single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right. F. Any notice or other communication required or permitted to be given hereunder or for the purposes hereof to any party shall be in writing and shall be sufficiently given if delivered personally to such party, or if sent by prepaid registered mail or if transmitted by telecopier to such party: (a) if to the Contractor at: ______________________ ______________________ Attention: _____________ Fax No: (____) _________ (b) if to the Client at: ______________________ © Copyright 2012 Docstoc Inc. 8 ______________________ Attention: _____________ Fax No: (____) _________ or at such other address as the party to whom such notice is to be given shall have last notified the party giving such notice. Any notice delivered to the party to whom it is addressed as provided herein shall be deemed to have been given and received on the day it is so delivered at such address, provided that if such day is not a business day, then the notice shall be deemed to have been given and received on the next business bay. Any notice mailed as provided herein shall be deemed to have been given and received on the third business day following the date of its mailing provided that no postal strike is then in effect or comes into effect within two business days after such mailing. Any notice transmitted by telecopier shall be deemed given and received on the day of its transmission if such day is a business day and if not on the next business day. G. This Agreement may be signed in one or more counterparts, each of which when exchanged will be deemed to be an original, binding upon the parties as if a single document had been signed by all, and all of which when taken together will constitute the same agreement. Any true and correct copy of this Agreement made by customary, reliable means (e.g., photocopy or facsimile) shall be treated as an original. H. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. I. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereto. J. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. IN WITNESS WHEREOF, the Parties hereto execute this Agreement: CLIENT CONTRACTOR Authorized Signature Authorized Signature Name and Title Name and Title © Copyright 2012 Docstoc Inc. 9 Schedule 1 © Copyright 2012 Docstoc Inc. 10 Schedule 2 © Copyright 2012 Docstoc Inc. 11 Schedule 3 © Copyright 2012 Docstoc Inc. 12
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