Luckily, tools are available to help you write up contracts, and operate your company more efficiently on all levels. Download our free pool construction template and pool contract example to get started. The template serves as a guide of what to include in your pool construction contract and it is fully editable so you can use it for any type of pool project and make it uniquely yours.

Beyond templates, explore swimming pool builder software to help you draft contracts, collect e-signatures and keep all client documents stored neatly in the cloud. Cloud storage means the end of binders and bulky file cabinets. You can access your documents from anywhere, keep them better organized and make it easy and convenient for your clients to approve documents with e-signatures. Explore our e-signature and single central business hub features with a free trial of Houzz Pro. 

What is a pool construction contract?

A pool construction contract is a legally binding document that spells out every aspect of a swimming pool project including the scope of the work, timeline, the cost, the payment terms, warranties and more. More comprehensive than a scope of work or estimate, a contract details everything related to the project and the terms agreed upon between you as the contractor and your client. Also referred to as a swimming pool builder agreement, a pool construction contract is enforceable only after it is signed by all parties. A reputable pool company will issue one before any work begins on the pool project.

Why are swimming pool construction contract templates important?

Taking the time to create a pool construction contract up front can save you costly legal disputes or work redos later. Not only does it demonstrate the professionalism of your company it provides protection and peace of mind for both you and your clients. 

Whether building an infinity pool, lap pool or upgrading an existing backyard pool, having a contract mutually agreed upon by both you and the homeowner can help resolve disputes down the road. It also reassures your clients that their investment is secure and puts everyone on the same page regarding the expectations and terms of the work.

When do you need a pool contract template?

A pool contract template sets the foundation for a successful and smooth process no matter the type of pool project. Whether the job is a pool refinishing or a new build, investing the time and effort in writing up a comprehensive contract helps avoid misunderstandings, disputes, and costly legal battles. As a pool builder, you may have contractors with other parties such as subcontractors, but in this article, we explore only the contractor-client pool contract.

Types of Pool Construction Contracts 

The type of pool contract may vary, depending on your business and the services it offers. These are some common types:

• Design Build This is for when you as the contractor are all-in. Your business is leading the design and construction of the pool project from start to finish.
• Construction A construction contract covers the building or remodeling of a pool within an already created design. 
• Maintenance This type of contract covers an agreement for the ongoing upkeep and maintenance of a pool such as chemicals, weather protection, cleaning and more.

Clauses to Include in a Pool Construction Contract Template 

The sections included in an inground pool contract will vary depending on your type of business, the type of project and your particular circumstances. Therefore,  it is important to seek professional legal advice to make sure you have everything covered. Here are some common clauses to include in a pool builder contract.

• Company & Client Information Provide the name and pertinent information of your company and clients. Make sure that in all cases, it is the full legal name. 
• Construction Property Note the location and address of the pool property, using the information from the site deed whenever possible
• Mechanics Lien In most cases, a lien is not enforceable unless the homeowner is notified in advance of its existence. If you are seeking a mechanics lien, disclose that information in the contract. 
• Services List all the construction and related services your company will be providing such as pool maintenance and landscaping.  For clarity, you may sometimes want to note a service that you are not providing such as fencing, for example.
• Scope of Work This is a complete accounting of the project including the style of pool, size, dimensions, lighting and more. Be as detailed as possible so that everyone is on the same page about the work that will be completed. 
•  Materials & Expenses Provide details on the type of materials being used, quantity and cost. Detail the time and labor costs, including subcontractors and any special skilled tradespeople who will be working on the project. Note any other expenses associated with the pool project. 
• Payment Terms Outline when payments are due, discounts for early payments, fees charged for late payments and any other relevant information. Also note here whether you require an upfront deposit for work begins, and the amount of that down payment.
• Project Schedule Provide a timeline for the work. This should include a start date, a completion date and target dates for various stages of the work. 
• Permits & Licenses Don’t forget to note the types of permits needed to conduct the work and their associated costs.
• Insurance State the type and extent of liability insurance you carry to cover accidents, worker injuries and more. This provides financial and legal protection to you and your team, and peace of mind for your clients.
• Conditions & Responsibilities What needs to happen before work begins such as acquiring permits, and who is responsible for meeting those conditions? This section can also be used to cover the general responsibilities for each party. 
• Refund and Cancellation Terms This explains how and when a contract can be terminated by either party, and under what circumstances a refund would be issued. It also notes any consequences for termination.
• Amendments This section notes whether amendments can be made to the contract and the procedure for doing so.
• Governing Law It should be noted in the contract which jurisdiction, state - and state laws - will be the lens for governing the interpretation of the contract in the event of a dispute.
• Dispute Resolution This clause notes the procedures available for handling disagreements should they occur such as meditation, arbitration and litigation.
• Warranties Note the guarantees you offer for our workmanship and the length of time.
• Indemnity Contracts typically require the pool contractor to compensate (indemnify) the client for any injury or losses associated with the work or resulting from a breach in the contract. Third parties may also need to be included. 
• Force Majeure Most contracts include a disclaimer to protect you from events beyond your control. Note here that you are not liable for natural disasters or catastrophic occurrences that you could not foresee or control. 
• Signature Terms Add a line for signatures and date. Also note what the parties are agreeing to when they sign the contract.

How to Create a Pool Builder Contract Template Step-by-Step

• Create a Budget By the time you are ready to write up the contract, you have probably already submitted an estimate or formal quote for the work. Review those documents, and make any revisions necessary to assure that all the costs of the project and related expenses are covered and accounted for.
• Write Up a Schedule Draw up a timeline, and specific schedule of the work that will be performed and when. Include target dates, and completion milestones for the life of the project. Check with your subcontractors and suppliers for availability and time commitments. This will provide a clear roadmap for both you and your client and ensure that everyone is on the same page regarding how long the pool project will take to complete.
• Review Design If you are providing the design services, finalize the design of the pool and review it with your clients. If someone else is providing the design services, make sure everyone is in the loop and that you have what you need to calculate your costs. 
• Establish Terms of Subcontracting Contact any subcontractors you plan to employ for the project and nail down the terms of their services.
• Define Provision of Equipment, Materials The timing and costs of the projects will depend greatly on the availability and costs of the materials and equipment. Research the pricing and contact your suppliers to double check that everything matches up with the budget and timeline. 
• Understand the Scope Do you have every aspect of the project covered? Review the construction and design plans and check back with the client if necessary to make sure you both fully understand the work being requested. This will help avoid costly headaches and change orders down the line. 
• Determine Payment Schedule The contract should clearly outline the payment terms, including the total cost of the project, payment schedule, and any penalties or late fees for non-payment. It is important to be specific about the payment terms to avoid any misunderstandings or disputes in the future. Requesting a deposit before work begins can help provide you with cash flow and assure a client’s commitment to the project. Consider offering a staged payment plan to help both you and your client manage your budgets. Whatever the agreement, provide clarity on the terms and timing of payments. 
• Draft the Contract With everything calculated and all the documents in hand, it’s time to add the items to the contract and start your draft. A template will provide you a logical order to the clause categories. 
• Consult with a Lawyer To protect you and the business you have worked so hard to build, it is advisable to seek professional legal advice when you write up a contract. A lawyer can help make sure that you have covered all the bases and explain some of the more legal intricacies of the contract.  Investing in a lawyer now can help avoid costly legal issues later.
• Review & Send With your contract complete, run through it one final time, and then send it on to your clients. 

What’s next? Some Final Tips for Your Pool Contract Template

Here are some final tips for making your pool construction contract professional and effective:

• Research State Requirements Legal requirements for pool contractors often vary from state to state with some having specific laws that go beyond the general provisions. Do your homework and find out the requirements in the state or states where you are conducting business.
• Include Your License Number Adding your contractor license number to the contract and all your client documents is good practice. It signals the professionalism of your company and provides assurance to clients.
• Seek Counsel from a Professional Lawyer A contract is a legal document and a professional attorney is the best person to help you translate the legal jargon and avoid costly mistakes. By consulting with a legal professional, clearly defining rights and responsibilities, addressing insurance and liability, and including a dispute resolution clause, you can create a contract that is legally binding and compliant with all necessary laws and regulations. 
• Don’t Forget the Signature Your pool builder contract is not legal unless it is signed so make sure you get it approved before you break any ground on the site. Consider offering e-signatures to make it easy for your clients to provide their approval.
• Store Documents Safely Your business documents are important reference points should disagreements arise, and therefore keeping them safe and organized saves you the time and hassle of trying to locate them. They may also be needed during tax season. Keep them in a safe in a secure place to protect the privacy of your business and your clients. 
• Use Clear & Concise Language Choose simple and straightforward language that is easy to understand to ensure clarity in your contracts. But also, consult a lawyer about any language that needs to be specifically worded for legal purposes.

Conclusion

As a pool contractor, it is crucial to have a clear understanding of the elements that make up a pool construction contract template. A well-drafted contract serves as a roadmap for the entire project, ensuring that all parties involved are on the same page and have a clear understanding of their roles and responsibilities. It also protects both you and your clients, and can avoid costly disputes.

Having the right business tools makes running all aspects of your pool construction company more efficiently. With features such as e-signatures, cloud storage, file sharing and lead nurturing, swimming pool builder software helps you keep on top of client communication and documentation. Sign up for a free trial of Houzz Pro swimming pool builder software.

Learn more about running your pool contractor business and How to Write a Construction Estimate with a free template.

The information contained in this article should not be relied upon as legal, business or tax advice. We encourage you to seek guidance from your legal counsel, business adviser or tax specialist regarding how this sample interior design contract might or might not apply specifically to your business.