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Thread: Are These Contract Clauses Reasonable??

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  1. #1
    Join Date
    Jul 2006
    Location
    Arkansas
    Posts
    146

    Default Re: Are These Contract Clauses Reasonable??

    Ozone, I am getting the picture. I feel much better.
    This forum is fortunate to have a member that is an attorney, who doesn't mind shedding some light on the legal aspects, which many of us do not understand. Especially someone like myself, who's had zero experience with construction contracts.
    This pool is a big decision for us, because we are aware that we are digging a hole in the back yard and throwing money into it that we will never get back out, at least not in dollars and cents. We're just hoping to keep a "dream" from becoming a "nightmare". Again, thanks so much, I really appreciate and comprehend your explanations.

  2. #2
    Join Date
    Jun 2006
    Location
    Central Texas
    Posts
    217

    Default Re: Are These Contract Clauses Reasonable??

    Having worked in construction for a while, but never built a residential pool, I'd say that it -might- be cost-effective to have a geotech firm drill a hole in the center of the deep end location (prior to signing contracts) in order to determine if there is any rock. I say -might- because that alone can cost a few hundred bucks. It's a risk aversion strategy that may not be justified at this level of total project cost. Without that information, you take on the risk of encountering rock or a missle silo. But, if you try to lock in the contractor to a fixed excavation cost, they -should- pad the dollars to pay for the risk they are taking on. So it's a trade-off.

    In urban areas there is usually a well-known geological pattern that has been developed over time, and a good geotech firm will have that on file. A good pool company that has some experience will know where to get this information and shouldn't be too surprised with what they dig up in your back yard.

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