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”.
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
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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
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
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.
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.
The parties agree to the milestones and completion schedule for the Project services as set
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forth in this AgreementSchedule 2.
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 pri