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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 pool is ready to fill with water or use of the
<br />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 fire, rain, windstorm, flood, inspections,
<br />material shortages, act of God, holidays, work changes, Purchaser's agent, third' party work on the job or failure of Purchaser to make progress payments as agreed shall be added to the
<br />construction time.
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<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 ~% per month on the unpaid balance will be added on all accounts not paid in accordance with terms. This charge
<br />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. Such work changes shall be authorized by
<br />a written work order, signed by the Purchaser and the Contractor, at a mutually agreed price. Charges for such items shall be due and payable before application of interior finish.
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<br />DELAYS
<br />The Contractor agrees to begin construction in a reasonable time after acceptance of this contract and after obtaining all necessary permits from govemment authorities. (Fees charged for
<br />plan submission to zoning or variance boards, architectural committees, homeowner associations and such will be bome by the Purchaser.) The Purchaser and Contractor both agree to
<br />exercise diligence in obtaining all such permits and approvals.
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<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 beyond the control of the Contractor
<br />(excluding new home construction), the Purchaser agrees that the contract price of the uncompleted work will be increased at the rate of 1 percent for each 30 days of delay.
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<br />SITE WORK
<br />Unless stipulated elsewhere in the contract documents, the Purchaser shall be responsible for the removal or protection of trees, landscaping, vegetation, underground utilities, irrigation pipes,
<br />or existing improvements which might be in the space to be used for the construction work or access, and agrees to pay the Contractor all additional costs incurred as a resull of the
<br />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 perform this contract including but not limited
<br />to excavation, hauling, concrete mixing and pumping and delivery vehicles or equipment. Purchaser shall obtain written permission of adjacent property owner for ingress and agrees of
<br />Contractor and material and equipment during the construction, if necessary; and agrees to be responsible and hold the Contractor harmless and indemnify him for any loss, injury or damage
<br />resulting to adjacent property owner for any reason. The Purchaser shall be responsible for damage to lawns, shrubs, flowers, trees or landscape material resulting from the construction work
<br />under this contract, unless otherwise agreed to be Contractor elsewhere in the contract.
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<br />FENCES
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<br />Unless otherwise stipulated in the contract, the Purchaser shall be responsible for the cost of removal and re-erection of fences, gates, ornamental walks and such as necessary for access
<br />of equipment to the pool site.
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<br />Compliance with local fence laws shall be the responsibilify of the Purchaser.
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<br />DRIVEWAYS AND WALKS
<br />When the agreed access for any construction equipment such as excavators, dump trucks, concrete trucks, pumpers, delivery vehicles and other crosses curbs, drives or walks serving the
<br />Purchaser's property, repair or replacement of such improvements must be agreed upon prior to construction, and the cost of such work included in the contract ~ the Contractor is to repair
<br />such improvements. If the cost of such repair work is not included and so stipulated, the Purchaser shall be responsible for damage which might occur during construction and hold the
<br />Contractor harmless for any claims for such repairs.
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<br />LAYOUT AND EXCAVATION
<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 contract documents and agreed to by the
<br />Purchaser. Even though the Contractor may assist in locating the pool and related work, the Purchaser warrants that he is familiar with the location of his property line, easements, setback
<br />sand deed restrictions, and that the pool work agreed upon is within such boundaries and does not violate setbacks or clearance from public utilities required by local, State or National Codes.
<br />The Purchaser agrees to indemnify and save harmless the contractor from any suits, actions, claims of Purchaser or third party for the location of said pool work by the Contractor in the place
<br />approved by the Purchaser.
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<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 in excavating the pool shall encounter
<br />pipes, conduits, sewers, grease traps, cisterns, tanks, mass concrete. tree stumps, hardpan, or other obstructions not apparent from the surface which might require blasting, jackhammering
<br />or rippertooth type equipment or other than normal excavating equipment for removal, the Purchaser shall indemnify the Contractor for increased costs incurred by him plus 15 percent
<br />overhead and 1 0% profit.
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<br />Relocation of sewers and utilities shall be at the Purchaser's expense.
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<br />The excavation costs is based on a mutual assumption that low density soil or muck which should be removed and replaced with new fill and brought to compaction does not exist in the area
<br />of the pool excavation. The Purchaser shall indemnify the Contractor for extra expense to remove and replace such material plus 15 percent for overhead and 10% profit.
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<br />The Contractor agrees to provide dewatering devices as required to keep the pool excavation dry during construction; however, when extreme ground water conditions are encountered which
<br />required dewatering in excess of 3000 gallons per hour, cost for additional work and dewatering equipment, along with 15 percent for overhead and profit, shall be paid to the Contractor by the
<br />Purchaser.
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<br />When unusual underground conditions are encountered, the Contractor shall notify the Purchaser and provide him with approximate cost estimates for extra work. Within five days of this
<br />not~ication, the Purchaser shall authorize the extra work or instruct the Contractor not to proceed with construction. If the Purchaser stops construction, the Contractor shall receive from the
<br />Purchaser 15 percent of the contract price slated herein or the Contractor's costs to date plus 25 percent, whichever is greater.
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<br />Unless otherwise stipulated in the contract, the Contractor assumes no responsibility for repair or replacement of seawalls or deadmen, the Purchaser agrees to save the Contractor harmless
<br />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 the pool is less than stated in the contract,
<br />the Purchaser shall be entilted to a credit in the amount of $10.00 per square foot from the Contractor as compensation for damages.
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<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 percent shall be submitted jointly by the
<br />Purchaser and the Contractor for Binding Arbitration as prescribed elsewhere in this contract.
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<br />No damages shall accrue to the Purchaser ~ the pool is larger or deeper than shown on the drawings.
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<br />UTILITIES
<br />The Purchaser agrees to supply the Contractor with suitable water for original construction, warranty work, clean up and for filling as required; and will further supply 110 volt electrical outlet
<br />for the Contractor's use adequate to operate electrical equipment utilized in construction (20 amps), and make such outlet available to the Contractor for his use when on the job.
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