Swimming Pool Contract Agreement

SWIMMING POOL CONTRACT AGREEMENT

This Swimming Pool Contract Agreement (the "Agreement") is entered into on Date: by and between Contractor Name: with principal address: and Client Name: with address: .

RECITALS

WHEREAS, Contractor is engaged in the business of designing, constructing, installing, renovating and repairing swimming pools, associated decking, filtration and circulation systems, and related site work (the "Work"); and

WHEREAS, Client desires to retain Contractor to perform the Work at the property located at: (the "Property") in accordance with the terms and conditions set forth herein; and

WHEREAS, Contractor represents that it is properly licensed, bonded and insured to perform the Work in the jurisdiction where the Property is located.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:

1. SCOPE OF WORK

1.1 Contractor shall furnish all labor, materials, equipment and supervision necessary to perform the Work described in the specifications attached hereto as Exhibit A and incorporated by reference. A brief description of the principal items of Work is: .

1.2 Contractor shall perform the Work in a good and workmanlike manner in accordance with industry standards and applicable law. Contractor shall provide all materials that are new unless otherwise agreed in writing.

2. CONTRACT PRICE AND PAYMENT

2.1 Contract Price. Client agrees to pay Contractor the total contract price of $ (the "Contract Price"), subject to adjustments for Change Orders in accordance with Section 5.

2.2 Payment Schedule. The payment schedule shall be: Deposit of $ due upon execution; progress payments per Milestone described in Exhibit B; final payment of balance due upon Substantial Completion and final inspection but no later than .

2.3 Late Payment. Unpaid amounts shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Contractor may suspend Work if payments are not made in accordance with this Agreement after ten (10) days' written notice.

3. PROJECT SCHEDULE

3.1 Commencement and Substantial Completion. Contractor shall commence the Work within days after issuance of required permits and shall achieve Substantial Completion within days thereafter, subject to excusable delays as defined herein.

3.2 Liquidated Damages. If Contractor fails to achieve Substantial Completion by the agreed date, Contractor shall pay liquidated damages of $ per calendar day, unless delay is caused by Client or excusable events.

4. CHANGE ORDERS

4.1 Any changes to the Scope of Work shall be made only by written Change Order signed by both parties describing the change, the adjustment to the Contract Price, and any change in the schedule. Verbal authorizations are not binding.

4.2 If additional work requires more time, the time for performance will be extended by the time reasonably necessary to perform the Change Order.

5. PERMITS, INSPECTIONS, AND REGULATORY COMPLIANCE

5.1 Contractor shall obtain, at Contractor's expense, all permits, licenses and approvals required for the lawful performance of the Work unless otherwise agreed in writing. Contractor shall comply with all applicable building codes, zoning ordinances and health and safety laws.

5.2 Client shall be responsible for providing access to the Property and for any alterations to existing utilities or landscaping not included in the Scope of Work.

6. WARRANTIES

6.1 Contractor warrants that the Work shall be free of material defects in workmanship for a period of from Substantial Completion, provided Client has performed required maintenance. Manufacturer warranties on equipment and materials shall be passed through to Client to the extent transferable.

6.2 The foregoing warranty does not cover damage resulting from normal wear and tear, misuse, negligence, alterations by others, settlement of the site or acts of God.

7. INDEMNIFICATION AND LIMITATION OF LIABILITY

7.1 Contractor shall indemnify, defend and hold Client harmless from and against any claims, damages or liabilities arising out of Contractor's negligence or willful misconduct in performing the Work, except to the extent caused by Client's negligence.

7.2 EXCEPT FOR LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.

8. INSURANCE

8.1 During performance of the Work, Contractor shall maintain commercial general liability insurance, workers' compensation insurance as required by law, and automobile liability insurance with limits customary in the industry. Contractor shall provide proof of insurance upon Client's request.

8.2 Nothing in this Agreement shall be construed as a waiver of any rights Client may have under Contractor's insurance policies.

9. DEFAULT AND TERMINATION

9.1 If either party materially defaults in the performance of its obligations, the non-defaulting party may deliver written notice specifying the default. If the default is not cured within days after receipt of such notice, the non-defaulting party may terminate this Agreement.

9.2 Upon termination for Contractor's default, Client may complete the Work and Contractor shall be liable for the cost to complete in excess of the unpaid Contract Price. Upon termination for Client's default, Contractor shall be entitled to payment for Work performed and reasonable demobilization costs.

10. LIENS AND PAYMENTS TO SUBCONTRACTORS

10.1 Contractor shall pay its subcontractors and suppliers in a timely manner. Contractor shall not permit any liens to be filed against the Property for labor or materials furnished by Contractor or its subcontractors. If a lien is filed, Contractor shall promptly discharge it.

11. NOTICES

11.1 All notices required or permitted under this Agreement shall be in writing and shall be delivered personally, sent by certified mail (return receipt requested), or by overnight courier to the addresses set forth below or to such other address as either party may designate in writing.

12. AMENDMENTS, WAIVER AND COUNTERPARTS

12.1 This Agreement may be amended only by a written instrument signed by both parties. No waiver of any breach shall constitute a waiver of any subsequent breach.

12.2 This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures delivered by electronic means shall be binding.

13. GOVERNING LAW

13.1 This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located without regard to conflict of laws principles. Venue for any action arising under this Agreement shall be in the state or federal courts located in that state.

14. ENTIRE AGREEMENT

14.1 This Agreement, together with any exhibits and written Change Orders executed pursuant hereto, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations and agreements, whether written or oral, relating to the subject matter hereof.

15. SEVERABILITY

15.1 If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect and shall be construed so as reasonably to give effect to the intent of the parties.

16. MISCELLANEOUS

16.1 Independent Contractor. Contractor is an independent contractor and not an employee, agent or partner of Client. Contractor shall be solely responsible for payment of all wages, taxes, insurance and benefits for its employees and subcontractors.

16.2 Permitted Assignment. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party, except that Contractor may assign to a successor entity in connection with a sale of substantially all of its business assets.

EXHIBITS

CERTIFICATIONS

Contractor certifies that Contractor holds the following license(s) and will maintain such license(s) in good standing for the duration of the Work: License Number(s): . Contractor further certifies that all statements made in this Agreement are true and correct to the best of Contractor's knowledge.

Client acknowledges that prior to signing this Agreement Client has had the opportunity to inspect Contractor's previous work and representations and to ask questions regarding any aspect of the Work.

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