Updated February 21, 2024
A swimming pool contract is an agreement between a property owner and specialized contractor for pool construction or maintenance work. The contract legally protects both the property owner and the contractor by defining the rights and obligations of each party.
Common Types
- Design-Build Contract: used when the contractor leads the entire project from design to construction
- Construction Contract: for construction or renovation with existing design specifications
- Maintenance Contract: an ongoing agreement for regular upkeep including cleaning, weathering, and chemical treatment
Table of Contents |
What Should Be Included in a Swimming Pool Contract?
A typical swimming pool contract outlines the scope of work, materials, projected costs, and estimated timelines for completion of the project. It may also include details on warranties, insurance, and any contingencies or provisions for handling unexpected issues that may arise during the construction process.
There are several important terms to include in every swimming pool agreement so that duties and expectations are clear from the outset. Other terms and conditions may vary based on the type of project and the parties involved. It is critical that both parties carefully review the agreement and consult legal professionals if needed to ensure that the contract is fully understood.
Scope of Work
Every swimming pool contract should include a comprehensive description of the work to be performed, including methods, materials, features, and labor requirements.
Permits
The contract should assign to one party the responsibility to obtain any required permits or licenses.
Project Schedule
A detailed schedule for the completion of the project, including milestones, deadlines, and any contingencies or risk factors, should be outlined in the contract.
Compensation
The contract should specify the payment schedule and amounts, including special terms like deposits and late fees. It should also outline the contractor’s acceptable methods for collecting payments.
Warranty Information
If the contractor wishes to make guarantees against defective work or materials, this should be included in the contract.
Insurance
The property owner and the contractor should define insurance coverage requirements, if any, for each party. Common coverage types include liability insurance and workers’s compensation.
Dispute Resolution
Many contracts set a course of action for resolving any disputes that may arise regarding the work. Mediation or arbitration is often required as an alternative to resolving conflicts in the court system.
Cancellation
This section explains the terms and conditions under which the contract may be terminated, such as unforeseen events like natural disasters or the inability to acquire necessary permits.
Average Cost of a Pool
The cost of a swimming pool contract will depend on the type of project (construction, renovation, or maintenance), the size of the pool, whether or not special features (like waterfalls, lighting, or a jacuzzi) are included, the materials used, and the location of the property. A local pool contractor can provide more accurate estimates based on the project type.
- Above-Ground Pool Installation (DIY): $800 to $3,200[1]
- In-Ground Pool Installation: $28,000 to $55,000[2]
- Ongoing Maintenance: $25 to $50 per hour[3]
The costs of owning a pool do not stop at installation. Ongoing maintenance, equipment, and insurance can add several thousand dollars to the yearly tab.
Sample
SWIMMING POOL CONTRACT
I. THE PARTIES. This Swimming Pool Contract (“Contract”) made on [DATE] is by and between:
Contractor: [NAME OF CONTRACTOR], with a mailing address of [CONTRACTOR’S MAILING ADDRESS] (“Contractor”), and
Client: [NAME OF CLIENT], with a mailing address of [CLIENT’S MAILING ADDRESS] (“Client”).
The Contractor and the Client are each referred to herein as a “Party” and collectively as the “Parties.”
II. SCOPE OF WORK. The Contractor is hired to provide (check all that apply):
☐ – Swimming pool design.
☐ – Swimming pool renovation.
☐ – Construction of a new pool.
☐ – Ongoing pool maintenance.
Hereinafter referred to collectively as the “Services.”
III. COMPENSATION. In consideration for the Services to be performed by the Contractor, the Client agrees to pay the following: (check one)
☐ – Hourly Rate. $[AMOUNT] / hour
☐ – Fixed Rate. A lump sum of $[AMOUNT].
Completion shall be defined as the fulfillment of Services as described in Section II in accordance with industry standards and to the approval of the Client, not to be unreasonably withheld.
IV. DEPOSIT. As part of this Contract, the Contractor requires: (check one)
☐ – A Deposit. $[AMOUNT] is required at the time of signing this Contract. The amount shall serve as consideration.
☐ – No Deposit. There is no money due at the time of signing this Contract. The good faith promise of performing under this Contract, by both Parties, shall serve as consideration.
V. TERMS OF PAYMENT. The Client will be responsible to pay the Contractor for the Total Amount upon: (check one)
☐ – Receipt of Invoice. The Client shall have [#] days to pay.
☐ – Specific Date. The Client is required to pay the Total Amount by [DATE].
VI. METHODS OF PAYMENT. The Contractor’s acceptable methods of payment are as follows: (check all that apply)
☐ – Cash
☐ – Check
☐ – Credit Card
☐ – Venmo
VII. TERMINATION. This Agreement shall terminate: (check one)
☐ – Upon completion of services.
☐ – On a Specified Date. On the following date: [DATE]
VIII. LIABILITY INSURANCE. The Contractor agrees to bear all responsibility for the actions related to themselves and their employees or personnel under this Agreement. In addition, the Contractor agrees to obtain comprehensive liability insurance coverage in case of bodily or personal injury, property damage, contractual liability, and cross-liability (“Liability Insurance”).
IX. PERMITS. The responsibility for obtaining required permits in accordance with all applicable laws and regulations falls to the Contractor exclusively. The proposed project schedule shall account for permit approval timelines and contingencies.
In addition, the Client or Contractor may terminate this Agreement and any obligations stated hereunder, with reasonable cause, by providing written notice of a material breach of the other party or any act exposing the other party to liability to others for personal injury or property damage.
X. GOVERNING LAW. This Contract shall be construed and governed in accordance with the laws located in the State in which the Services take place.
XI. EXECUTION. The Contractor and the Client each represent and warrant to the other that each person executing this Contract on behalf of each party is duly authorized to execute and deliver this Contract on behalf of that party.
The parties have duly executed this Agreement as of the date first written above.
Contractor’s Signature: _________________________
Print Name: _________________________
Client’s Signature: _________________________
Print Name: _________________________