Pool Construction Contract

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									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 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

   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

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      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

   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

      The parties agree to the milestones and completion schedule for the Project services as set

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      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

   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

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      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

   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

   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:

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          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
          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

   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

   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,

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      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

   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-

                                        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

      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

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   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:


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                       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

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                                Schedule 1

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                                Schedule 2

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                                Schedule 3

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