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<br />TERMS AND CONDITIONS
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<br />COMPLETION
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<br />Completion date shall be designated as the date that work set out in this contract has been done' and'the interior finish has been applied, and the
<br />pool is rttady to fill with water or use of the pool which shall serve as final completion and acceptance by the Purchaser.
<br />The Contractor shall substantially complete the pool (ready for marcite) within _ working days from completed excavation date. Days lost due to
<br />fire, rain, windstorm, flood, inspections, material shortages, acts of God, holidays, work changes, Purchaser's agent, third party work on the job or failure
<br />of Purchaser to make progress payments as agreed shall be added to the construction time.
<br />Unless specifically stated elsewhere in this agreement, there shall be no penalty or award clauses in the contract.
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<br />PAYMENTS
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<br />Progress payments are due 5 days after billing date. Late charges of 1 '12% per month on the unpaid balance will be added on all accounts not paid in
<br />accordance with terms. This charge amounts to 18% per annum.
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<br />CHANGE ORDERS
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<br />A surcharge of $50.00 will be made for each change, deletion or addition tolfrom this contract or the drawings after acceptance by the Contractor.
<br />Such work changes shall be authorized by a written work order, signed by the Purchaser and the Contractor, at a mutually agreed price, Charges for
<br />such items shall be due and payable before application of interior finish.
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<br />DELA YS
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<br />The Contractor ,agrees to begin construction in a reasonable time after acceptance of this contract and after obtaining all necessary permits from
<br />government authorities. (Fees charged for plan submission to zoning or variance boards, architectural committees, homeowner associations and such
<br />will be borne by the Purchaser.t The Purchaser and Contractor both agree to exercise diligence in obtaining all such permits and approvals.
<br />In the event work on the pool cannot be commenced within 45 days of the contract date or if construction delays occur between phases which are
<br />,beyond the control of the Contractor (excluding new home construction), the Purchaser agrees that the contract price of the uncompleted work will be
<br />increased at the rate of 1, percent for each 30 days of delay.
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<br />SITE WORK
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<br />Unless stipulated elsewhere in the contract documents, the Purchaser shall be responsible for the removal or protection of trees, landscaping, vegetation,
<br />underground utilities, irrigation pipes, or existing improvements Which might be in the space to be used for the construction work or access, and agrees
<br />to pay the Contractor all additional costs incurred as a result of the Purchaser's failure to so provide.
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<br />ACCESS
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<br />Purchaser will provide adequate access through his own property or through adjacent property for all men, material and equipment as required to
<br />perform this contract including but not limited to excavation, hauling, concrete mixing and pumping and delivery vehicles or equipment. Purchaser s~all,
<br />obtain written permission of adjacent property owner for ingress and egress of Contractor and material and equipment during the construction, if necessary;
<br />and agrees to be responsible and hold the Contractor harmless and indemnify him for any loss, injury or damage resulting to adjacent property owner
<br />for any reason. The Purchaser shall be responsible for damage to lawns, shrubs, flowers, trees or landscape material resulting from the construction
<br />work under this contract, unless otherwise agreed. to by Contractor elsewhere in this contract.
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<br />FENCES
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<br />Unless otherwise stipulated in the contract, the Purohager shall be responsible for the cost of removal and re-erection of fences, gates, ornamental
<br />walks and such as necessary for access of equipment to the pool site.
<br />Compliance with local fence laws shall be the responsibility of the Purchaser.
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<br />DRIVEWAYS AND WALKS
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<br />When the agreed access for any construction equipment such as excavators, dump trucks, concrete trucks, pumpers, delivery vehicles and other
<br />crosses curbs, drives or walks serving the Purchaser's property, repair or replacement of such Improvements must be agreed upon prior to construction,
<br />and the cost of such work included in the contract if the Contractor is to repair such improvements. If the cost of such repair work is not included and
<br />so stipulated. the Purchaser shall be responsible for damage which might Occur during construction and hold the Contractor harmless for any claims for
<br />such repairs.
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<br />LAYOUT AND EXCAVATION
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<br />The swimming pool and related improvements and equipment shall be constructed upon the land and in a location upon such land as shown in the
<br />contract documents and agreed to by the Purchaser. Even though the Contractor may assist in locating the pool and related work, the Purchaser warrants
<br />that he is familiar with the location of his property line, easements, setbacks and deed restrictions, and that the pool work agreed upon is within such
<br />boundaries and does not violate setbacks or clearance from public utilities required by local, State or National Codes. The Purchaser agrees to indemnify
<br />and save harmless the Contractor from any suits, actions, claims 01 Purchaser or third party for the location of said pool work by the Contractor in the
<br />place approved by the Purchaser,
<br />Due to the inability of either Purchaser or Contractor to anticipate unusual subsurface conditions, it is mutually agreed that in the event the Contractor
<br />in excavating the pool shall encounter pipes, conduits, sewers, grease traps, cisterns, tanks, mass concrete, tree stumps, hardpan, or other obstructions
<br />not apparent from the surface Which might reqUire blasting, jackhammerlng or rippertooth type equipment or other than normal excavating equipment for
<br />removal, the Purchaser shall indemnify the Contractor for increased costs incurred by him plus 15 percent overhead and 10% profit.
<br />Relocation of sewers and utilities shall be at the Purchaser's expense.
<br />The excavation cost Is based on a mutual assumption that low density soil or muck Which should be removed and replaced with new fill and brought
<br />to compaction does not exist in the area of the pool excavation. The Purchaser shall Indemnify the Contractor for extra expense to remove and replace
<br />such material plus 15 percent overhead and 10% profit.
<br />The Contractor agrees to provide dewatering devices as required to keep the pool excavation dry during construction; however, when extreme ground
<br />water conditions are encountered which require dewatering in excess of 3000 gallons per hour, cost for additional work and dewatering equipment, along
<br />with 15 percent for overhead and profit, shall be paid to the Contractor by the Purchaser.
<br />When unusual underground conditions are encountered, the Contractor shall notify the Purchaser and proVide him with approximate cost estimates
<br />for extra work, WIthin five days of this notification, the Purchaser shall authorize the extra work or Instruct the Contractor not to proc8ed with construction,
<br />If the Purchaser stops construction, the Contractor shall receive from the Purchaser 15 percent of the contract price stated herein or the Contractor's
<br />costs to date plus 25 perceni. Whichever is greater.
<br />Unless otherwise stipulated in the contract, the Contractor assumes no responsibility for repair or replacement of seawalls or deadmen, the Purchaser
<br />agrees to save the Contractor harmless from claims against him for subsequent failure of seawalls or other'existing retaining walls or structures.
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<br />DIMENSION TOLERANCES;
<br />All dimensions provided In the plans and specifications are approximate and may vary to a tolerance of 5 percent. When measured surface area of
<br />the pool is less than stated In the contract, the Purchaser shall be entitled to a credit in the amount.of $10.00 per square foot from the Contractor as
<br />compensation for damages.
<br />The pool and deck shall be constructed to a tolerance of 5 percent of the elevation shown on the drawings. Variations in elevations of greater than 5
<br />percent shall be submitted jointly by the Purchaser and the Contractor for Binding Arbitration as prescribed elsewhere in this contract.
<br />No damages shall accrue to the Purchaser If the pool Is larger or deeper tha~ shown on the drawinas.
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