Contracting to build a swimming pool
Hiring a contractor to build a swimming pool and working with them in construction process is not something you do every day, and it is a huge investment of your time and money.
The most important thing you can do to protect yourself from unscrupulous contractors and illegal activity is to write a contract.
Writing a Contract to Build a Swimming Pool
Make sure everything is in writing -- assume nothing. Although you might believe that a "contract" should look like a contract, anything you sign could be used as authorization to go forward with your project. This means that any bid you sign may become the contract; therefore, do not sign anything until you completely understand what you are signing, and you agree to all the terms.
Be sure to ask questions until you fully understand the contract and what the work will look like. Before signing anything, you may wish to discuss the proposed contract, plans and specifications with an attorney.
Since a written contract protects both you and the contractor, all agreements should be put in writing. A specific, detailed contract will help eliminate misunderstandings between you and your contractor and help establish a "meeting of the minds." Among other elements, the contract must include a description of the work and the materials and equipment to be used.
Also, a plan and scale drawing of the shape, size, and dimensions must be included as part of your swimming pool contract.
Make sure everything you are paying for is described in the contract. Specify all materials to be used, such as the quality, quantity, weight, color, size, or brand name as it may apply. Also, include everything you feel is important to the job, including clean-up and removal of debris and materials. You may give instructions regarding pets, children or areas where materials may not be stored.
Swimming Pool Contract Basics
The State of California recommends that a contract to build a swimming pool should include the following basics. Regulations for contracts in your state may be slightly different, but the general points apply. (For more detailed information on swimming pool and other home improvement contracts in California, refer to the booklet "Home Improvement Contracts: Putting the Pieces Together and What You Should Know Before You Hire a Contractor." Order a free copy at www.cslb.ca.gov or (800) 321-CSLB.)
- The contractor's name, address, and license number.
- The approximate dates when the work will begin and be substantially completed.
- A description of the work, equipment, materials, and contract price.
- A schedule of payments in dollars and cents, directly referenced to the value of completed work.
- A down payment for a swimming pool is two percent or $200, whichever is less.
- A Notice to Owner regarding the state's lien laws.
- A description of what constitutes substantial commencement of work.
- A notice that failure of the contractor, without lawful excuse, to substantially commence work within 20 days from the start date, is a violation of Contractors License Law.
- A notice whether or not the contractor carries commercial general liability insurance and the insurance carrier.
Describing a Swimming Pool Project
THE GOOD: "Set blue #6006 ceramic 6 inch square, manufactured by California Tile, style #abc, to cover perimeter lip of pool, per plan."
THE BAD: "Set 6 inch ceramic tile in a dark blue around the pool."
THE UGLY: "Set tile in matching blue."
Scheduling Payments
Be sure the financial terms of the contract are clear. The contract should include the total price, when payments will be made, and whether there is a cancellation penalty.
Note that the practice of "frontloading" is a major source of complaints against swimming pool contractors. Frontloading occurs when contractors take excessive down payments or take payments for work not completed. This is illegal in California and in other states.
A common example of frontloading with swimming pool construction is taking payment for gunite work (a sprayed concrete mixture) before the job is completed. When you let your payments get ahead of the work, you are put in a precarious position. The swimming pool contractor may ask for 50 percent of the total cost, perform only 15 percent of the work, then abandon the job, leaving you with a big hole in the ground and no funds to pay another contractor to finish the work. Don't let this happen to you -- don't let your payments get ahead of the work.
The final payment may be made at the completion of the final plastering phase of construction, provided that any installation or construction of equipment, decking, or fencing required by the contract is also completed.
The information above on writing a contract to build a swimming pool was edited by Chris Whitted based on the brochure Before You Dive Into Swimming Pool Construction from California's Contractors State License Board.
