The Swimming Pool Contract is designed for use in New Zealand's construction industry, specifically for the agreement between pool contractors and property owners or developers for the construction of swimming pools. This document is essential when engaging a contractor to construct a new swimming pool, whether for residential or commercial purposes. It incorporates all necessary elements required under New Zealand law, including compliance with the Building Act 2004, Building (Pools) Amendment Act 2016, and local council requirements. The contract covers crucial aspects such as construction specifications, safety standards, payment terms, warranties, and dispute resolution procedures, while ensuring all work meets New Zealand's strict pool safety and building standards. It is particularly important given the specific regulatory requirements for pool safety barriers and the need for building consents in New Zealand.
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1. Parties: Identification of the contractor and the client, including full legal names and contact details
2. Background: Context of the agreement and general purpose of the contract
3. Definitions: Key terms used throughout the contract defined for clarity
4. Scope of Works: Detailed description of the pool construction work to be undertaken, including dimensions, materials, and specific features
5. Compliance and Consents: Responsibilities regarding building consents, permits, and compliance with relevant legislation
6. Price and Payment Terms: Total contract price, payment schedule, and payment methods
7. Timeframe: Project timeline, start date, completion date, and provisions for delays
8. Site Access and Preparation: Requirements for site access, preparation responsibilities, and site conditions
9. Safety Requirements: Safety measures during construction and compliance with pool safety standards
10. Warranties and Guarantees: Contractor's warranties on workmanship and materials
11. Variations: Process for handling changes to the original scope of work
12. Dispute Resolution: Process for resolving disputes between parties
13. Termination: Circumstances and process for contract termination
14. General Provisions: Standard contract clauses including notices, governing law, and entire agreement
1. Pool Fencing Requirements: Detailed section on pool fencing when fencing is included in the scope of work
2. Landscaping: When the contract includes surrounding landscaping work
3. Pool Equipment and Accessories: When specific pool equipment or accessories are included in the contract
4. Maintenance Services: When ongoing maintenance services are included in the contract
5. Excavation Conditions: When specific ground conditions require special attention or present risks
6. Heating Systems: When pool heating systems are included in the scope
7. Insurance Requirements: Additional insurance requirements beyond standard coverage
8. Council-Specific Requirements: When local council has specific requirements that need detailed attention
1. Schedule 1: Pool Specifications: Detailed technical specifications including dimensions, materials, and finishes
2. Schedule 2: Site Plan: Detailed plan showing pool location, access points, and relevant site features
3. Schedule 3: Payment Schedule: Breakdown of payments, milestones, and payment amounts
4. Schedule 4: Construction Timeline: Detailed project timeline with key milestones and completion dates
5. Schedule 5: Equipment Specifications: Details of all pool equipment, pumps, filters, and other technical components
6. Appendix A: Safety Compliance Checklist: Checklist ensuring compliance with all relevant safety standards
7. Appendix B: Warranty Documents: Detailed warranty terms and conditions for various components
8. Appendix C: Building Consent Documents: Copies of relevant building consent documents and requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Property Development
Real Estate
Hospitality
Leisure and Recreation
Building and Infrastructure
Property Management
Facilities Management
Construction Materials
Swimming Pool Industry
Relevant Teams
Legal
Construction
Operations
Property Management
Procurement
Compliance
Risk Management
Project Management
Facilities Management
Contract Administration
Relevant Roles
Construction Manager
Property Developer
Project Manager
Contract Administrator
Building Inspector
Facilities Manager
Property Manager
Swimming Pool Contractor
Legal Counsel
Risk Manager
Compliance Officer
Development Director
Construction Site Supervisor
Procurement Manager
Operations Manager
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