[JSR22]

Originally Posted by kathyspear

Fiesta takes care of permits and ARC approval. As for "whatever else is involved", I haven't seen the detailed quote yet. Stay tuned!

k.

Fiesta put in our pool. They contracted for the birdcage and the solar heating. We are 100% satisfied with our pool.

[Donnn]

Those of you who have had pools built, did the contract you signed make you uncomfortable? I had quotes from some of the contractors mentioned here, and chose what I thought was the best deal. They have good reviews, and the rep was the most knowledgeable and enthusiastic of the bunch. After signing the basic design agreement, they sent a more detailed contract. I have legal coverage at work, and sent the contract to a lawyer for review. He said straight up that no reputable company would ever ask a customer to sign such a thing. One of the most worrying paragraphs:

Owner.....further assumes sole responsibility for and agrees to pay for and to immediately indemnify xxxx against any fines, penalties, and assessments, and the repair of any damage, by whatever means and by whomever caused (to include xxxx), to driveways, streets, curbs, lawns, shrubs, trees, gardens, plantings, drainage ditches, sewers, easements, telephone lines, television cables, utilities, houses, plumbing, residential or commercial buildings, structural damage or undermining, and any and all other incidental or consequential damage, foreseen and unforeseen, and the landscape and repair of real property, buildings, fixtures and personal property at the above described property or any adjoining or neighboring property which may be damaged or affected in the process of constructing the swimming pool, its accessories, and equipment. The monetary limitation of this indemnity provision is $250,000.00, which Owner and Contractor agree bears a reasonable commercial relationship to this Contract. Xxxxx and Owner acknowledge and agree that the indemnity provisions of this paragraph are on a per occurrence basis.....

In other words, if they tear up the sewers, short out the electric grid and knock down the neighbor's house, I not only have to pay all the damages, I have to pay to defend them in court.

There's more, such as the only recourse of a dispute being arbitration by a panel of the Florida Swimming Pool Association, which is to say three of their pool contractor buddies.

Do people sign this stuff without reading it? Do they just sign and hope for the best? I really want a pool, but accepting virtually unlimited liability for the contractor's negligence is a bit much.

[PoolBrews]

Most of the contracts are negotiable. They will always start with terms most favorable to them. One thing to look at is the payment schedule. The final payment should never be before the pool is actually running, but many want that final payment before water is even in the pool.

[Spikearoni]

Originally Posted by Donnn

Those of you who have had pools built, did the contract you signed make you uncomfortable? I had quotes from some of the contractors mentioned here, and chose what I thought was the best deal. They have good reviews, and the rep was the most knowledgeable and enthusiastic of the bunch. After signing the basic design agreement, they sent a more detailed contract. I have legal coverage at work, and sent the contract to a lawyer for review. He said straight up that no reputable company would ever ask a customer to sign such a thing. One of the most worrying paragraphs:

Owner.....further assumes sole responsibility for and agrees to pay for and to immediately indemnify xxxx against any fines, penalties, and assessments, and the repair of any damage, by whatever means and by whomever caused (to include xxxx), to driveways, streets, curbs, lawns, shrubs, trees, gardens, plantings, drainage ditches, sewers, easements, telephone lines, television cables, utilities, houses, plumbing, residential or commercial buildings, structural damage or undermining, and any and all other incidental or consequential damage, foreseen and unforeseen, and the landscape and repair of real property, buildings, fixtures and personal property at the above described property or any adjoining or neighboring property which may be damaged or affected in the process of constructing the swimming pool, its accessories, and equipment. The monetary limitation of this indemnity provision is $250,000.00, which Owner and Contractor agree bears a reasonable commercial relationship to this Contract. Xxxxx and Owner acknowledge and agree that the indemnity provisions of this paragraph are on a per occurrence basis.....

In other words, if they tear up the sewers, short out the electric grid and knock down the neighbor's house, I not only have to pay all the damages, I have to pay to defend them in court.

There's more, such as the only recourse of a dispute being arbitration by a panel of the Florida Swimming Pool Association, which is to say three of their pool contractor buddies.

Do people sign this stuff without reading it? Do they just sign and hope for the best? I really want a pool, but accepting virtually unlimited liability for the contractor's negligence is a bit much.

I certainly would not sign a contract such as that. I hope that isn’t the type of contract most pool companies use.