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Thread: Are These Contract Clauses Reasonable??

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  1. #1
    waste is offline PF Support Team Whizbang Spinner waste 3 stars waste 3 stars waste 3 stars
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    Lightbulb Re: Are These Contract Clauses Reasonable??

    Quote Originally Posted by webfeet
    Thanks for the response, Waste. What are reasonable cuts at what points during the construction? PC wants 10% upfront and 55 % when excavation starts, 30% when deck is formed and rest upon completion. He does not take credit cards, but has been in business years. I haven't contacted his customers from last year or 4-5 years back. But would if I decide to try him. Did you get a chance to read my thread describing the pool specs and size and system, etc.? Please do, and respond when you can. Thanks again, I know I am at the right place to get the right advice.
    Webfeet
    Those cuts sound a little unballanced. I'm not the one who decides (nor signs the contract ) but I think our cuts (no idea on % per cut) go :
    1 Excavation
    2 Walls bolted together (assembled)
    3 Collar (concrete footing for the pannels) poured (this includes the plumbing being attached to the pool, as we bury the pipes in the concrete to protect them)
    4 Floor vermiculited
    5 Liner dropped (installed and pool filled)
    *** There may be one for applying faceplates and plumbing the filter system, and getting the pool 'swimable', with filter running (even if the electricianns haven't run the power to the system, we'll run the pump on a temp line to get them swimming) ***
    # There is probably one for backfilling the pool with dirt because we don't do the deck nor fence (those are not included in our contract, but we will strongly recomend the dudes we usually work with)
    The final cut, as I understand it, is when the deck (which, as I said- we are not responsible for) is in place (the reason for this is because 2 -5 days before the deck is laid, we, finally, plumb in the stair returns, if you really want to know why we wait til the deck is immanent to plumb the stairs, I'll answer).
    Again, it looks like your contract is biased towards the contractor, as I said before, you can make ammedments to it. Paying for the work done to date seems to me a better way (if he doesn't show up for 6 weeks, you've only paid the % of the work he's done) More cuts= a quicker job and more attention paid to your pool. Of course there has to be some $$ laid down on your part before any of this even starts, but try to get that 55% spread out a little - get to a 'swimmable pool' before you put down more than 75 - 80 % of the total. Just my $.02 (and please don't tell him who I am, he'll kill me for suggesting this ) - I've seen the other post, but am trying to decide if I can further it - Waste
    Luv & Luk, Ted

    Having done construction and service for 4 pool companies in 4 states starting in 1988, what I know about pools could fill a couple of books - what I don't know could fill libraries

  2. #2
    Join Date
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    Default Re: Are These Contract Clauses Reasonable??

    You wanted me to take a look at your posting on the contract issues.

    Are there any other pool contractors in your area other than those two? The reason I ask - is because when we started looking at pool builders we found six that were either recommended by someone or had a good reputation. Then we called all of them - only four returned our calls.

    We set-up appoinmentments with each of them and then told them what we wanted in a pool and waited to see what each of them recommeneded and why. We were able to guage the ability of each builder at this point. Then we got prices - it was very clear at this point that two of the remaining builders did not want to install our pool - one was about $20K higher than everyone else and the other didn't want to quote "custom" items - just wanted to do "standard" pools.

    Now we were down to two - one was priced at 48K and the other at 52K for the same scope of work - then we started looking at the contracts. Here are some "red" flags we found that you should avoid.
    1. Do not put more than 10% down for them to start pulling permits. Our pool builder actually only required 10% of the pool price (without all the extras) to pull the permit.
    2. Also, you shouldn't pay them completely before they are complete to your satisfaction. One of the builders had the last payment of 10% due before start-up. This was unacceptable. The builder we chose has the last 10% upon final acceptance, and we don't pay for the pavers or the screen enclosure at all until we are happy with those items.
    3. Beware of contractors that want progressive payments PRIOR to performing the work. The contract should say 20% AFTER the dig is complete (not just BEFORE).
    4. My contract is standard with the "does not cover damage to sidewalks, bushes, irrigation systems, etc."
    Completed 8/21/06
    14,000 gallon 3'-6' concrete pool with Diamond Brite
    Spa with spillway
    250K BTU gas heater (for spa)
    SWCG - Aqua Rite
    Hayward Super II Pump - Cartridge filter

    See pictures here http://www.philsimmons.com/family/ga...mages&keyword=

  3. #3
    Join Date
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    Default Re: Are These Contract Clauses Reasonable??

    I am learning soo much- Thanks to all who have responded and I am so impressed with this information- its a gold mine. I didn't know how to go about getting bids, and was really unsure of the specific things that I want due so many unknowns. But this forum has supplied value insight!

  4. #4
    KurtV is offline Registered+ Widget Weaver KurtV 0
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    Default Re: Are These Contract Clauses Reasonable??

    Web,
    Here's a prior thread on payment schedules: http://www.poolforum.com/pf2/showthread.php?t=621
    Good luck.

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