Contracts

• Detailed Plans: Ensure the pool design and layout are clearly outlined, including pool dimensions, features and landscaping.

• Materials: List the materials to be used (e.g., interior finish, coping).

• Custom Features: If applicable, include any custom features (lighting, water features, heating systems).

• Commencement and Completion Date: Ensure they are clearly documented.

• Total Contract Price: Ensure the total cost of the project, including all materials and labour, is outlined.

• Prime Cost & Provisional Sums: Include allowances for items or work that may change (e.g., materials, landscaping).

• Payment Schedule: The contract will have a defined payments schedule (e.g., deposit, progress payments tied to milestones, final payment on completion).

• Variations: Ensure the contract has a variations process within it so you understand how any changes to the original scope or design will affect pricing.

• Permits: Confirm who is responsible for obtaining necessary permits (e.g., building, plumbing, electrical).

• Site Access: Understand what access is needed for equipment, machinery, and workers.

• Site Preparation: Confirm what site preparation is included (e.g., excavation, clearing debris).

• Soil Testing & Geotechnical Considerations: Check with your builder if soil tests are needed.

• Equipment List: What pool equipment is included (e.g., pump, filter, heater, lighting, cover).

• Energy Efficiency: Are energy-efficient options being included, such as variable-speed pumps or solar heating, are discussed if desired.

• Pool Safety Features: Verify the inclusion of safety features like pool barriers and their location.

• Workmanship Warranty: Ensure warranties are understood for the quality of workmanship and materials.

• Product Warranties: Confirm warranties for pool equipment (e.g., pumps, filters, heaters).

• Insurance Coverage: Verify that the contractor has proper insurance coverage for the work, including liability and worker’s compensation.

• Point of Contact: Establish a primary contact person for the project.

• Progress Updates: Agree on how often you’ll receive progress updates and site visits.

• Change of Contract Process: Ensure the contract outlines how changes or additional work will be handled and approved.

• Site Clean-Up: Confirm that the contractor will clean the site upon project completion, removing all debris and equipment.

• Practical Completion: Note the requirements to meet Practical Completion.

• Maintenance Instructions: Ensure the builder provides guidance on pool care, including maintenance schedules for equipment and cleaning.

• Conflict Resolution: Ensure the contract specifies how disputes or issues will be resolved, such as through mediation or arbitration.

• Termination Clause: Confirm the terms under which the contract can be terminated if necessary.

• Handover Documentation: Upon final payment being made, the handover process should include all necessary documentation, including warranties, manuals for pool equipment, and maintenance guidelines.

• Landscaping & Decking: Ensure any landscaping, decking, or additional outdoor features are included and well-defined.

• Post-Construction Support: Verify whether ongoing support or maintenance services are offered after the pool is completed.

Good contract management in a construction project ensures that all terms, timelines, and responsibilities are clearly defined and followed. For a consumer, this means a project is more likely to stay on budget, on schedule, and meet quality standards. Effective contract management helps prevent disputes, ensures compliance with regulations, and provides a clear process for handling changes or issues that arise during construction, ultimately leading to a smoother, more reliable experience.

Reading and understanding the building contract before lodging a complaint helps consumers assess whether they have a valid concern, ensures they follow the proper procedures, and strengthens their position by referencing the agreed terms. This approach reduces the likelihood of misunderstandings and increases the chances of a favourable resolution.

SPASA also recommends verifying that your builder is a member of the Association. While SPASA is not a regulatory authority, it ensures its members adhere to the Association's Code of Ethics, with all businesses undergoing a thorough vetting process before membership is approved.

That said, consumers have a responsibility to manage their own contracts effectively!

It’s crucial that consumers stay actively engaged throughout the project, from understanding the terms of the contract to ensuring compliance at every stage. SPASA is unable to intervene in contractual disputes or issues resulting from neglect or non-compliance by either party. While we provide resources and guidance to foster positive relationships between consumers and contractors, the ultimate responsibility for upholding the contract and resolving any issues rests with both parties.