pool construction brisbane - queensland family pools - sample€¦ · a swimming pool or spa may be...

Contract No:

N:

Watertight Contract

CONSTRUCTION / INSTALLATIONNEW SWIMMING OR SPA POOLDomestic / Commercial Queensland Compliant

WATERTIGHT CONTRACT BENEFITS

IMPORTANT

SPASA recommended contracts comply with Queensland legislation. You should review the Consumer Building Guide before signing the contract. Queensland Home Warranty Insurance

applies to projects over $3,300, including labour and materials.

Please ensure contractor has required Works & Liability Insurances in place prior to commencement

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Q U E E N S L A N DS W I M M I N G P O O L & S PA AS S O C I AT I O NS W I M M I N G P O O L & S PA AS S O C I AT I O NS W I M M I N G P O O L & S PA AS S O C I AT I O NS W I M M I N G P O O L & S PA AS S O C I AT I O N

IT'S A LIFESTYLE CHOICE THAT IS ENTIRELY YOURS

So get in the swim...with the assurance of a SPASA memberSAMPLE

ONLY

Queensland Home Warranty Scheme

A swimming pool or spa may be one of your biggest assets and one which you will want to protect. It is for this reason that, if you are building or installing a new swimming spa or pool, where the value is over $3,300 (including labour and materials), it is mandatory for your contractor to take out home warranty insurance on your behalf.

Under the Scheme, licensed contractors must collect premiums on behalf of the consumer and pay the premium to the Queensland Building & Construction Commission (QBCC) in relation to specified residential work they carry out i.e. a new swimming pool construction / installation.

The Scheme covers consumers for loss suffered if a contractor (or an individual where fraud or certain representations are made) fails to complete a contract for certain residential work or fails to rectify defective work within set time limits.

Your licensed SPASA pool builder will lodge the application and pay the required premium for Queensland Home Warranty Insurance, based on the total contract value, on your behalf.

For more information visit the website: www.qbcc.qld.gov.au

Contract Works and Liability Insurances

For your protection and those who visit your property, ensure your contractor has adequate Contract Works and Legal Liability Insurances in place to cover their and your liability in the event of a claim arising out of or in the course of the works.

Your SPASA pool builder is responsible for maintaining relevant insurances and will either include the cost of annual premiums in the contract as part of their business over-heads or charge a separate levy to cover premiums calculated on the value of individual contracts.

Ensuring appropriate insurances are in place is a matter between the client and the builder. SPASA is not a party to the contract and has no responsibility in this regard.

SPASA Construction / Installation Contract

The Swimming Pool & Spa Association of Australia Ltd (SPASA) endeavours to provide contract documentation which complies with Queensland legislation in relation to the construction / installation of new swimming spas or pools. The enclosed schedule and general conditions of contract complied with Queensland legislation at the time of printing.

The Consumer Building Guide must be provided prior to signing the contract. It is recommended that you read the entire document and are familiar with your obligations and understand the conditions under which the contract price may be varied.

In the event of a dispute arising during the course of the contract, and prior to practical completion, the parties should review their rights and obligations in accordance with the general conditions of contract. Assistance may be obtained via QBCC Early Dispute Resolution.

SPASA, its employees, contractors and agents are not liable for any damage, loss or suit however arising from the use of this contract document. SPASA is not a party to the contract nor does it provide legal or contracts advice to the parties. If required, the Association recommends you seek independent legal advice.

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FOR THE CONTRACTOR

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S W I M M I N G P O O L & S PA AS S O C I AT I O N

S O U T H AU S T R A L I A


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V I C T O R I AS W I M M I N G P O O L & S PA AS S O C I AT I O N

Q U E E N S L A N D

SPASA Queensland - Recommended Swimming Pool Construction/Installation Contract

CONTRACT SCHEDULEPage 1 of 12

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ORIGINAL - CONTRACTOR 1ST COPY - SUPERVISOR 2ND COPY - CUSTOMER.................. ..................Contractor Customer

INITIALS

ITEM 1 – CUSTOMER

CUSTOMER Name:

Postal Address:

Phone: Mobile:

Fax: Email:

Customer’s Representative:

Printed name of person authorised by the Customer to act on their behalf

Is the Customer the “Resident Owner” ? Yes No

ITEM 2 – CONTRACTOR

CONTRACTOR Name (as shown on QBCC licence):

ABN No: QBCC Licence No:

Postal Address:

Phone: Mobile:

Fax: Email:

Contractor’s Representative:

Printed name of person authorised by the Contractor to act on its behalf.

ITEM 3 – SITE: (Clause 6)

SITE Address:

Lot No: Plan No: Title Reference: Local Authority:

ITEM 4 - CONTRACT PRICE

A. POOL WORKS - In figures

Pool Works Component (GST inclusive) $

HWI Premium on Pool Works (input taxed) $

TOTAL POOL WORKS $

B. OTHER WORKS - In figures

Other Works Component (GST inclusive) $

HWI Premium on Other Works (if any, input taxed) $

TOTAL OTHER WORKS $

CONTRACT PRICE: (A + B) In figures $ In words

Warning: The Contract Price is subject to change in accordance with Clauses 5, 6, 7,10 ,11 ,12, 13, 15, 16, 17, 22 and 27 of the General Conditions.

Note: Total Pool Works and Total Other Works are listed at Annexure K, Prime Cost Items are listed at Annexure I, Provisional Sum Allowances are listed at Annexure J.

Note: The QBCC HWI premium collected on the Customer’s behalf is not a taxable supply for the Contractor.

ITEM 5 – WORK PERIOD:

Calendar Days (including “Delay Allowance” below)

DELAY ALLOWANCE (included in Work Period)

Inclement Weather Calendar Days

Weekends / Public Holidays / RDOs Calendar Days

TOTAL DELAYS ALLOWANCE Calendar Days

ITEM 6 – DATE FOR COMMENCEMENT: (Clause 4)

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/ / (Where fixed) If blank, to be determined under Clause 4 of the General Conditions

ITEM 7 – DATE FOR PRACTICAL COMPLETION: (Clause 4)

The later of:

/ /

(Based on the Date for Commencement (Item 6) plus the Work Period (Item 5))

OR

within

Business Days from the Customer providing a Pool Fencing Certificate

ITEM 8 – ACCESS: (Clause 7)

Party responsible for Site Access: Customer Other:

Date for the granting of Access to the Site: / /

ITEM 9 – SITE INFORMATION: (Clause 6)

Party responsible for Site Survey: Customer Contractor Not to be obtained

Foundations Data supplied by: Customer Contractor

Note: where a Site Survey is not to be obtained the Customer acknowledges that they are responsible for the correct location of the pool on the Site and releases and indemnifies the Contractor from all such liability

ITEM 10 – OTHER DOCUMENTS: (attached to, and forming part of this Contract) (Clause 3)

Other Documents: Prepared by: Dated:

Plans:

Specifications:

Site Survey Report:

Foundations Data:

Soil Test

Footing Design

Other:

Note: If construction approval or similar authorisation is required for the Works, or, a detailed engineering design, foundation data, soil test, contour survey etc is required as part of a Building Approval, then such plans, designs or information must be attached to and included on the signing of the Contract

ITEM 11 – CONTRACTOR’S MARGIN: (Clauses 6, 12 and 13)

For the purpose of valuing Variations, Additional Work, Adjustments to Prime Cost Items or Provisional Sums, the Contractor’s Margin is: %

(Unless otherwise stated 20%)

ITEM 12 – PAYMENT PERIOD: (Clause 10)

Days If nothing stated, immediately upon receipt of a claim for each Stage of Work

ITEM 13 – INTEREST RATE: on overdue payments (Clause 10)

% pa If nothing stated, as defined in Clause 29 of the General Conditions

ITEM 14 – FINANCE: (Clause 2)

Subject to Finance Approval? Yes No

Approval Date: / /

Lending Authority:

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ANNEXURE A - GENERAL SPECIFICATIONS

Type of Pool/Spa: CONCRETE Composite FIBREGLASS Pre-FABRICATED

Described as:

as agreed and indicated in Annexure G, having Nominal Internal Dimensions (Internal at waterline) of:

Max Length m Max Width m Water Depth m to m

(Shallowest Point) (Deepest Point)

Note: In the event of any discrepancy between any dimensions on the Plan and Section (Annexure G) and any other dimension specified in the Contract, the dimensions shown on the Plan and Section shall prevail.

Datum Point (An undisturbed fixed reference point the level of which is able to be determined at all times, used to set the height of the top of the finished coping level of the Pool). Datum Point/s must be described below and shown on Annexure G.

Described as:

Max Height of Pool “Out of Ground”: mm

Coping: (finished description)

Width mm Nominal thickness: mm Overhang – Internal mm

Overhang – External mm

Top of finished coping to be level with, or mm above / below the Datum Point.

Type of Coping: (description)

Supplied by: Contractor Customer Fixed by: Contractor Customer

Interior Finish: (description)


Waterline Tile Band: (description) No Yes


Other Specification/s: (description)

Warning:

• Unless otherwise specified in the Special Conditions, the outside vertical face is the exposed face of the structural shell. Outside vertical faces will be left in their construction state (unfinished) unless otherwise specified or allowed.

• Some Coping, Interior, Tile, FRP or other Finishes, Sizes or Colours may vary from samples inspected due to the nature of the materials, and/or the manufacturing, moulding, distribution or installation processes required.

• Where an item is to be supplied (and fixed) by the Contractor, refer to the Prime Cost Schedule for specific allowances.

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ANNEXURE B - POOL/SPA EQUIPMENT

Filtration:

Qty, make, model and size

or equivalent

Hydraulics:


or equivalent

Sanitation:


or equivalent

Pool Cover:


or equivalent

Blower / Spa Jets:


or equivalent

Automatic In-Floor Pool Cleaner:

Qty, make and model

or equivalent

Heating/ Cooling:

Qty, make, model and size power/rating

M2

Kw/Mj or equivalent

Solar Provision in Shell: Yes No

Number of:

Surface Skimmers: Pool Return Outlets:

Underwater Lights: Make/Model or equivalent

Transformers: Make/Model or equivalent

Fiberoptic: Make/Model or equivalent

Standard Accessories: (included in Contract Price)

Suction sweeper kit (Includes hose, head and telescopic handle) Pool Brush Leaf Scoop Test Kit

Other Equipment, Accessories etc (included in the Contract Price), described as:

or equivalents

Warning:

• The positioning of equipment, accessories etc will be strictly as identified on the site plan in Annexure G

• Any changes may incur an additional cost to the Customer by way of Variation

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ANNEXURE C - ACCESS and EXCAVATION

Excavation:

To be carried out by: Machine Hand Both

Notes on proposed excavating equipment and requirements:

Access:

Neighbour's access required: No *Yes * Note: the Customer must obtain written access approvals from Neighbours

Details of Access: Min Width: Min Height:

Flat site? Yes No Pre-cut required? Yes No Ramping required? Yes No

Notes on Access:

Note: On the day of excavation, the Contractor can vary the type of excavation equipment or process noted above, and use other equipment or methods as deemed necessary by the Contractor to be suitable for the purpose in respect to weather or changes in the site conditions or access.

Disposal of excavated material:

All excavated material to be removed from Site and deposited at the following location:

except for: M3 to be left at, or re-located at the Site (described as):

Customer to arrange? Yes No - requires Contractor to arrange and Provisional Sum for Cartage and Disposal Fees should be adjusted

Note:

• Unless otherwise agreed, the Customer is responsible to make suitable arrangements for the cartage and disposal of excavated material from the Site and advise the Contractor of the disposal arrangements at least 3 Business Days in advance of the excavation date.

• If the Customer is unable to arrange a disposal site, or the arranged site is not suitable on the day of excavation, the Contractor will arrange for the cartage and disposal of the excavated material, and the Customer is required to pay the Contractor for those additional cartage and disposal costs that have not already been allowed for in the Contract Price.

ANNEXURE D - ADDITIONAL SERVICE CHARGES

The cost of any additional work required (in excess of the Provisional Sums), together with any other additional costs (for items not included in the Contract Price) are to be paid by the Customer:

at the Contractor’s Cost, plus the Contractor’s Margin (Item 13)

OR

in accordance with the following rates:

Mechanical Excavation $ per M3/Hr Manual Excavation $ per M3/Hr

Rock Excavation $ per M3/Hr Piering $ per M3/Hr

Backfill – by Hand $ per M3/Hr Backfill – by Machine $ per M3/Hr

Formwork – Below Ground $ per M2 Formwork – Above Ground $ per M2

Structural – Below Ground $ per M3/Hr Structural – Above Ground $ per M3/Hr

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Warning: The costs of any Additional Services required (for items not included in the Contract Price) are to be paid by the Customer.

Checklist of Additional Services

Not included in Contract Price.

Customer to arrange and pay for

Included in Contract Price.

Contractor to supply/install

Not applicable

Dedicated Downpipe Rainwater Diverter:

Dedicated Rainwater Tank:

Water Efficiency Compliant: Statutory Declaration:

Plumber's Certificate

Initial fill of water:

Additional Electrical: Additional Earth bond (from Structural Shell):

Connection to Mains:

Additional Plumbing/Gas: Connection to Sewer/Stormwater:

Connection to Supply Mains:

Site - Safety Fencing or Barricades: During the Work Period:

Swimming Pool Fencing: Removal:

Reinstatement:

New Fences:

Additional Fence Certification: n/a n/a

Tree or other Obstruction Removal:

Removal of Excavated Materials:

Skip Bin Hire:

Rubbish Removal:

Neighbour’s Consent: n/a n/a

ANNEXURE E - WORK and/or materials being done or supplied by CUSTOMER (Clause 14):

Warning:

• Pool shells and coping materials must be separated from all other structures with a flexible compression barrier.• Adequate drainage in surrounding gardens, landscaping and walkways within 3m of the water’s edge must be provided to ensure that the pool structure remains dry. • Subject to clause 3.2 of the General Conditions, any Special Conditions take precedence over the General Conditions to the extent of any inconsistency. • The Customer is entirely responsible for all other work done by the Customer or by others at the Customer’s direction surrounding or affecting the Works. • All other collateral or incidental works must be performed by appropriately qualified persons to Industry Standards to ensure they do not have any detrimental effect

on the Works and warranty applicable to the Works. • Unless otherwise specified, pipe work allowed up to 6m only, and electrical leads at lengths supplied by the equipment manufacturer are allowed in the Contract Price.• All electrical, plumbing and gas connections or other building work must be performed by qualified, licensed persons in accordance with the Local Authority requirements.

ANNEXURE F - EXCLUDED ITEMS

Unless otherwise stated elsewhere in the Contract, the following items are not part of the Works, excluded from the Contract and the Contract Price:

Warranty or liability in respect of any nature on any work not actually performed by the Contractor, any work in whole or in part that is carried out by the Customer or others (prior to, during or after the Contract) or equipment supplied by the Customer; survey of the property; relocation/reinstatement or alterations of service lines; excavation of rock, shale or other unforeseen items and/or disposal of additional overburden; disposal or handling of spoil; levelling or spreading excavated material; pumping to remove water; formwork and backfilling below existing ground level; shoring or retaining walls or other means of stabilisation to ensure stability of overburden, excavation and/or to protect adjacent buildings; piering or other special structural requirements below existing ground level; the cost of concrete cutting machines on existing paving or structures; saw cutting or machine cutting of coping material; additional pipe work to alter the position of the filter, waste or other equipment/service from that indicated in the attached plans or otherwise; backwash waste pipe in excess of 6m from the filter; approval/provision/connection of or connection to a suitable sewer gully or other approved disposal outlet for backwash; wastewater, gas, oil, electrical or plumbing supply or connection to pump(s); lighting, heating/cooling or any other equipment; enclosures/soundproofing of equipment; pool fencing (permanent or temporary); geotechnical or other engineering inspections and reports; architectural or landscaping details or plans; provision for the draining of “groundwater” or seepage; the cost of overcoming any Latent Condition that was not evident or made known to the Contractor prior to entering the Contract; termite and/or pest management; re-routing sewerage and stormwater pipes; items of work or equipment not specifically included, and any other excluded items shown hereunder:

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ANNEXURE G - PLAN & SECTION OF POOL/SPA & SITE

Warning:The above (or attached) Plan & Section must be drawn to scale, and include:

• A cross section of the Works (if necessary), the locations of property boundaries, the equipment and accessories included in the Contract, excavations to be carried out, embankments, retaining walls necessary to stabilise, cut and fill, existing structures, fencing, trees etc, and the critical dimensions effecting such items.

• The critical internal widths, lengths, depths & cross section dimensions of the Works, including (if the Works are suspended at any point), the distance from the underside to natural ground, together with, the critical dimension of Pool Fencing, the Datum Point, and Levels agreed in the Contract.

• In the event of any discrepancy between any dimensions on this Plan and Section and any other dimension specified in the Contract, the dimensions shown on this Plan & Section shall prevail. Figured dimensions prevail over scaled dimensions.

• This Plan & Section forms the basis of any other plan or drawing which may be required to be prepared by the Contractor for lodgement with any appropriate authorities for approval/certification.

PLAN: Drawn Above or, Attached

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ANNEXURE H - SPECIAL CONDITIONS / OTHER WORKS

Special Conditions and/or additional other Works documentation, as agreed and included in the Contract Price:

Special Water feature or other treatments No Yes – as described below Not applicable

Separate Payment Schedule for Other Works No Yes – as described below Not applicable

(Annexure K – Other Works Payment Schedule)

Details of separate Landscaping, Waterfalls, Water Features, Spa, Other Works etc, (Description & Payment Schedule) , or any other agreed special requirements or conditions etc:

Spa Details:

Shell:

Equipment:

Filtration

Hydraulics

Sanitation

Blower / Spa Jets

Heating

Accessories

Fencing:

Warning:

• Pool shells and coping materials must be separated from all other structures with a flexible compression barrier.

• Adequate drainage in surrounding gardens, landscaping and walkways within 3m of the water edge must be provided to ensure that the pool structure remains dry.

• Subject to clause 3.2 of the General Conditions, any Special Conditions take precedence over the General Conditions to the extent of any inconsistency.

• Figured dimensions prevail over scaled dimensions.

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ANNEXURE I - PRIME COST ITEMS SCHEDULE

Qty Item Rate Allowance (estimate only)

Tile Allowance

@ $ per

@ $ per

@ $ per

@ $ per

$

$

$

$

* If insufficient space - attach separate sheets

Total PRIME COST SUM ALLOWANCE: $

ANNEXURE J - PROVISIONAL SUM ALLOWANCE SCHEDULE

Description: Allowance (estimate only)

Site Safety Provides for the estimated cost of the required and appropriate safety devices and barricades required during construction (until a compliant Swimming Pool Fence is installed and certified) – allowance is for the Work Period only. Extra periods to be charged at the daily / weekly rate of $____________ per day / week $

Pre-Cut / Site Preparation

Provides for the estimated cost of levelling the Site or other work required to allow for access and for the commencement of the excavation (which may include walls or barriers) $

Excavation Provides for the estimated cost of a suitable excavation to accommodate the structural shell (excludes rock excavation as it is not possible to provide a reasonable estimate) $

Cranage Provides for the estimated cost of a suitable crane to lift and position construction materials and items into the site $

Cartage Provides for the estimated cost of removing or relocating the surplus overburden or excavated materials from the Site to a suitable tip site (excluding any tip site fees which will be advised later)

Note: As at the Contract Date the location of a suitable tip site is not known

Note: If Customer is to arrange cartage – cross out $

Disposal Fees Provides for the estimated cost for the tip site fees for the disposal of excavated material

Note: If Customer is to arrange disposal site and fees – cross out $

Water to Fill Provides for the estimated cost for the supply and delivery of suitable and sufficient water to fill the pool

Note: If the Customer is to arrange suitable water – cross out $

Survey Report / Site Boundary Survey

Provides for the estimated cost for obtaining a Survey Report and/or a Site Boundary Survey$

Foundations Data Provides for the estimated cost of obtaining a Soil Identification Report / Engineers Footing Design $

Other

$

* If insufficient space - attach separate sheets

Total PROVISIONAL SUM ALLOWANCE $

Note:

• Included in the Contract Price (Item 4) is the Total Prime Cost Items Allowance and the Total Provisional Sum Allowance

• The figures stated are the Contractor’s estimate of the reasonable cost of supplying and delivering (and installation) of the items, however, the actual cost of completing these requirements may not become known until Practical Completion

• In accordance with Clauses 12 and 13 of the General Conditions any reduction in the actual cost will be refunded to the Customer, and any increase will be adjusted in a progress claim or separate invoice to the Customer

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ANNEXURE K - PROGRESS PAYMENT SCHEDULE (CLAUSE 10)

Warnings / Notes:

• Deposit limits: 10% where the Contract Price (Item 4) is less or equal to $20,000, or 5% where the Contract Price exceeds $20,000, or 20% where the value of off-site work is greater than 50% of the Contract Price

• The total of all Deposits should not exceed the limits prescribed above

• Each progress claim must not exceed an amount directly related to the progress of Works on the Site and should be proportionate to the value of the Works that relates to that claim

• The Customer and Contractor should discuss and agree the percentages and the amount payable at each Stage

• The percentages and amounts pre-formatted in the schedules below are intended as a guide only and the Contractor should check and establish that the percentages and amounts relate to the actual progress of the Works on Site for that stage

PART A – CONCRETE POOL AND OTHER WORKS

CONCRETE Pool

Construction Schedule

Stage of Work Amount

1 DEPOSIT Payable on signing of the Contract

HWI premium

Balance of Deposit (5% of the Total POOL Works Value minus HWI premium)

2 Payable upon completion of the Excavation and the delivery of the reinforcement to the Site (being not more than 25% of the POOL Works Value)

3 Payable upon completion of the Structural Shell and the internal plumbing (being not more than 35% of the POOL Works Value)

4 Payable upon completion of the Coping/Tiling (being not more than 15% of the POOL Works Value)

5 Payable upon delivery and installation of the Filtration equipment (being not more than 13% of the POOL Works Value)

6 Payable upon the completion of the initial fill of water (with the exception of Payment 7, below and being the remainder of the POOL works Value)

7 Payable upon the Contractor issuing a Certificate of Practical Completion (following the completion of the Water Sanitation System, and the Initial Chemical Treatment), and supply of the Scheduled Accessories

$200

Check 100% $

OTHER Works

Schedule

Stage of Work as shown in Annexure H, or as shown hereunder

Amount

1 DEPOSIT Payable on signing of Contract

HWI premium

Balance of Deposit (5% of the Total OTHER Works Value minus HWI premium)

2 % – Payable when the OTHER Works are % complete






Check 100% $

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ANNEXURE K - PROGRESS PAYMENT SCHEDULE (CLAUSE 10)

Warnings / Notes:

• Deposit limits: 10% where the Contract Price (Item 4) is less or equal to $20,000, or 5% where the Contract Price exceeds $20,000, or 20% where the value of off-site work is greater than 50% of the Contract Price

• The total of all Deposits should not exceed the limits prescribed above

• Each progress claim must not exceed an amount directly related to the progress of Works on the Site and should be proportionate to the value of the Works that relates to that claim

• The Customer and Contractor should discuss and agree the percentages and the amount payable at each Stage

• The percentages and amounts pre-formatted in the schedules below are intended as a guide only and the Contractor should check and establish that the percentages and amounts relate to the actual progress of the Works on Site for that stage

PART B – COMPOSITE FIBREGLASS, KIT OR PRE-FAB POOL AND OTHER WORKS

Composite FIBREGLASS, Kit or Pre-Fab Pool

Installation Schedule

OTHER Works Schedule

as shown in Annexure H , or as shown hereunder Value of Off-Site Works (Structural Shell)

< 50% Contract Price Value of Off-Site Works (Structural Shell) > 50% Contract Price

Stage of Work Amount Stage of Work Amount Stage of Work Amount

1 DEPOSIT 5% Payable on signing of the Contract

HWI premium 1 DEPOSIT 20% Payable on signing of the Contract

HWI premium 1 DEPOSIT Payable on signing of Contract

HWI premium



Balance of Deposit (5% of the Total OTHER Works Value minus HWI premium)

2 Payable on the delivery of the Structural Shell to the Site, effecting safe site placement of the Structural Shell, and completion of the pre-plumbing to the Structural Shell (being not more than 60% of the POOL Works Value)

2 Payable on the delivery of the Structural Shell to the Site, effecting safe site placement of the Structural Shell, and completion of the pre-plumbing to the Structural Shell (being not more than 45% of the POOL Works Value)


3 Payable upon completion of Excavation (being not more than 5% of the POOL Works Value)

3 Payable upon completion of Excavation (being not more than 5% of the POOL Works Value)


4 Payable upon the installation of the Structural Shell and the Initial Chemical Treatment (being not more than 10% of the POOL Works Value)

4 Payable upon the installation of the Structural Shell and the Initial Chemical Treatment (being not more than 10% of the POOL Works Value)


5 Payable upon completion of the overall hydraulics & filtration (being not more than 10% of the POOL Works Value)

5 Payable upon completion of the overall hydraulics & filtration (being not more than 10% of the POOL Works Value)


6 Payable upon completion of the installation of the Bond Beam (being not more than 5% of the POOL Works Value)

6 Payable upon completion of the installation of the Bond Beam (being not more than 5% of the POOL Works Value)


7 Payable upon completion of the installation of the Coping (with the exception of Payment 8 below, being the remainder of the POOL Works Value)

7 Payable upon completion of the installation of the Coping (with the exception of Payment 8 below, being the remainder of the POOL Works Value)


8 Payable upon the Contractor issuing a certificate of Practical Completion (following the completion of the Water Sanitation System), and supply of the Scheduled Accessories

$200 8 Payable upon the Contractor issuing a certificate of Practical Completion (following the completion of the Water Sanitation System), and supply of the Scheduled Accessories

$200

Check 100% Check 100% $ Check 100% $

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ANNEXURE L - SIGNATORIES TO THE CONTRACT

WARNING – COOLING OFF PERIOD

• Under section 35 of Schedule 1B of the Act, the Customer has a right to withdraw from the Contract during what is known as a "cooling off" period. The right to withdraw is subject to the conditions set out in sections 35 to 39 of Schedule 1B of the Act. Clause 2 of the General Conditions contains express provisions that mirror the Customer’s statutory rights to withdraw

• The cooling off period also allows time for the reading of the Contract, for legal advice and/or finance approval to be obtained (if necessary). Time limits do apply and certain notices have to be given if the Customer exercises those rights

ACKNOWLEDGEMENT

By signing below:

• The Customer and the Contractor acknowledge that they have read and examined this Contract (including the General Conditions, all Schedules, Plans, annexures and attachments) and are satisfied that the completed Contract (including all Schedules, Plans, annexures and attachments) accurately record their agreement and that the Consumer Building Guide published by the QBCC has been provided to the Customer before signing

The Customer consents to SPASA collecting and storing their personal information in accordance with SPASA’s privacy policy which can be viewed at www.spasaqld.com.au/privacy

CUSTOMER:

DATE signed by Customer: / /

(Printed Name of Customer)

Authorised Signature/s:

(on behalf of Customer)

CONTRACTOR:

DATE signed by Contractor: / /

(Printed Name of Contractor)

Authorised Signature/s:

(on behalf of Contractor)

(Printed Name of Authorised Representative of the Contractor)

Important Notes:

• Take the time to read and understand the entire Contract, and make sure that the Contract reflects the needs and requirements of both parties, so that misunderstandings and disputes do not occur later. This Contract records the entire agreement between the parties. Verbal agreements should be reduced to writing in this Contract.

• During the building process the parties should continue to communicate reasonably and monitor the work in progress to make sure that they are both getting what they want.

• Unless otherwise agreed, the Customer is responsible to make suitable arrangements for the disposal of excavated material.

• If the Customer requires the Contractor to arrange for the cartage and disposal of the excavated material, then the Customer is required to pay the Contractor for those additional cartage and disposal costs that have not already been allowed for in the Contract Price.SAMPLE

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GENERAL CONDITIONS OF CONTRACTPage 1 of 7

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Note: Italic type words and phrases used in the Schedule and General Conditions of this Contract are defined in Clause 29 of the General Conditions.

1. Agreement1.1 The Contractor must carry out the Works in accordance with this

Contract, and must, unless this Contract provides otherwise, supply everything necessary for the carrying out of the Works.

1.2 The Contractor may subcontract any part of the Works without the Customer’s consent.

1.3 The following statutory warranties are incorporated into this Contract under the Act:

a. the Contractor will carry out the Works:

i. in an appropriate and skilful way;

ii. with reasonable care and skill;

iii. with reasonable diligence;

iv. in accordance with the plans and specifications and any other document forming the Contract; and

v. in accordance with all relevant laws and legal requirements including for example, the Building Act 1975;

b. materials supplied by the Contractor for use in the Works will be of good quality and suitable for the purpose for which they are used (having regard to generally accepted practices or standards in the industry for the materials, and or any specifications, instructions or recommendations of manufacturers or suppliers of the materials), and, unless otherwise stated in this Contract, will be new;

c. any estimate of Prime Cost Items and Provisional Sums have been calculated with reasonable care and skill having regard to all the information reasonably available at the Contract Date.

1.4 The Customer must, at the Customer’s cost, provide the Contractor with toilet and washing facilities, electricity to carry out the Works, and unless a Provisional Sum has been included Annexure J for water to fill, sufficient water to fill the Works with suitable water.

1.5 The Customer and/or the Customer’s Representative must communicate with the Contractor and/or the Contractor’s Representative personally.

1.6 The Customer must not give directions/advice to, or seek directions/advice from, the Contractor’s employees, agents or subcontractors.

1.7 The Contractor may, by written notice at any time, request that the Customer provide satisfactory evidence of the Customer’s title to the Site or capacity to pay the Contract Price or the price of any variation to the Works.

1.8 If the Customer fails to provide the evidence required under Clause 1.7 within 10 Business Days from receiving the Contractor’s notice, the Contractor may suspend this Contract in accordance with Clause 15 or end this Contract in accordance with Clause 16.

1.9 The Customer acknowledges that the colour and textures of natural materials can vary. The Contractor is to use reasonable endeavours to match the colour or texture of any sample selected by the Customer but accepts no liability if there is a difference and such a difference is not a variation under Clause 11.

1.10 Neither party may assign their rights or obligations under this Contract without the prior written consent of the other party.

2. Cooling-off Period and Finance Approval2.1 Subject to this Clause and Part 5 of the Act, the Customer may

withdraw from this Contract within 5 Business Days after receiving a signed copy of this Contract, which incorporates the Consumer Building Guide.

2.2 In order to withdraw from this Contract the Customer must give a written notice to the Contractor, stating that the Customer withdraws from this Contract under section 37 of the Act.

2.3 The Customer may not withdraw from this Contract under section 37 of the Act if:

a. the Customer and the Contractor have previously entered into a contract in substantially the same terms and services for the same Site; or

b. the Customer has received formal independent legal advice about this Contract before entering into this Contract; or

c. the Customer informs the Contractor that the Customer has received formal legal advice about this Contract before entering into this Contract.

2.4 If the Customer withdraws from this Contract under this Clause or section 37 of the Act, the Customer must pay to the Contractor the amount of $100 plus an amount equal to any out-of-pocket expenses reasonably incurred by the Contractor before the Customer withdrew from this Contract.

2.5 Subject to Clause 2.6, where Item 14 of the Schedule provides that this Contract is subject to finance approval this Contract is subject to the Customer obtaining written confirmation from the Lending Authority on or before the Loan Approval Date, of approval for the loan.

2.6 If, within 5 Business Days after the Loan Approval Date, the Customer gives the Contractor written notice that the Customer has not obtained the loan approval, together with evidence satisfactory to the Contractor that the Lending Authority has assessed and rejected the application for the loan, this Contract is at an end and the Contractor must refund the Deposit less any expenses reasonably incurred by the Contractor before the Customer gave notice under this Clause.

3. Contract Documents3.1 This Contract consists of:

a. the General Conditions;

b. the Schedule;

c. Annexure A – General Specifications;

d. Annexure B – Pool/spa Equipment;

e. Annexure C – Access and Excavation;

f. Annexure D – Additional Charges;

g. Annexure E – Work by Customer;

h. Annexure F – Excluded Items;

i. Annexure G – Plan & Section of Pool/Spa Site;

j. Annexure H – Special Conditions / Other Works;

k. Annexure I – Prime Cost Items Schedule;

l. Annexure J – Provisional Sum Allowance Schedule;

m. Annexure K – Progress Payment Schedule;

n. Annexure L – Signatories to the Contract; and

o. any other document listed at Item 10 of the Schedule.

3.2 In the event of any inconsistency, ambiguity or error in the documents listed at Clause 3.1, the parties must discuss the matter and agree on the works to be performed or the materials to be used, prior to the commencement of the relevant work. Where agreement cannot be reached by the parties, the dispute is to be resolved in accordance with Clause 25.

3.3 Subject to Clause 3.2, any special conditions in Annexure H take precedence over the General Conditions to the extent of any inconsistency. Figured dimensions in Annexure G prevail over scaled dimensions.

3.4 The Customer warrants that any information or documents supplied by the Customer are accurate and that it is reasonable for the Contractor to rely on the information or document.

3.5 Each party warrants that the designs, materials, documents and methods of working provided by that party to the other party do not infringe any patent, registered design, trade mark or name, copyright or other intellectual property right.

3.6 Where the Contractor prepares any plans, designs, specifications, drawings, materials, or documents the Contractor retains copyright in them unless otherwise agreed in writing.

3.7 The Contractor and the Customer must indemnify each other in respect of any claim against, or loss or damage incurred by, the other party that arises out of a breach of this Clause.

4. Commencement and Completion4.1 Unless otherwise agreed, the Contractor must commence the Works

by the later of:

a. the Date for Commencement; or

b. 30 Business Days from receipt of all of the following:

i. the Customer producing to the Contractor satisfactory evidence of the Customer’s title to the Site and capacity to pay the Contract Price;

ii. the Contractor obtaining all necessary approvals in accordance with Clause 5;

iii. the Customer identifying the Site, the boundaries to the Site, and the location of the Works to the Contractor’s satisfaction in accordance with Clause 6; and

iv. where the Contract is subject to finance as indicated at Item 14 of the Schedule, written notification from the Lending Authority that the loan is approved.

4.2 The Contractor must within 10 Business Days of starting work on Site, give notice in writing to the Customer of the Date of Commencement and the Date for Practical Completion.

4.3 Subject to Clause 9, the Contractor must bring the Works to Practical Completion by the Date for Practical Completion, adjusted in accordance with this Contract.

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5. Approvals / Certificates of Inspection 5.1 The Contractor must promptly do all such things as may be reasonably

necessary to obtain all permissions, consents or approvals required for the commencement of the Works (on the Customer’s behalf).

5.2 The Contract Price does not include the cost of any security or other deposit required to be paid to a local authority. The Contractor shall not be liable where refund of any such deposit is withheld or refused by the relevant authority.

5.3 When all necessary approvals have been granted, the Contractor shall promptly inform the Customer:

a. of any conditions attaching to the approval, including those with which it is the Customer’s responsibility to comply; and

b. whether compliance with any conditions will require a variation to the Works and, if so, the reason.

5.4 If the required building and/or planning approvals are not obtained within 60 Business Days from the Contract Date, either party may end this Contract by written notice to the other party.

5.5 If this Contract is brought to an end under this Clause, the Contractor is entitled to be paid the total amount of costs and expenses reasonably incurred by the Contractor up until the date this Contract was brought to an end and the amount is deemed to be a debt due and payable by the Customer to the Contractor.

5.6 If the Contractor has received the Deposit from the Customer and the Deposit is greater than the amount due to the Contractor under Clause 5.5, the Contractor must refund the excess to the Customer within 5 Business Days of the date this Contract is brought to an end under this Clause.

5.7 Final approval by the local authority or the building certifier (including fencing certifications) is the responsibility of the Customer. Any involvement that the Contractor has in relation to these requirements is as the Customer’s agent only.

5.8 The Contractor must give the Customer copies of all certificates of inspection issued by the building certifier as soon as reasonably practicable after receiving the certificate.

6. Identification of the Site and Foundations Data6.1 Unless Item 9 of the Schedule provides that the Contractor must

obtain the site survey, the Customer must identify the Site, the boundaries to the Site, and the location of the Works to the Contractor’s satisfaction prior to the Date for Commencement.

6.2 Where, in the Contractor’s opinion, there is any doubt as to the correct location of the Site or its boundaries the Contractor can request and the Customer must obtain a site survey (at the Customer’s cost).

6.3 If the Customer fails to obtain the site survey within 10 Business Days of the Contractor’s request, the Contractor may arrange for site survey to be obtained and the cost (plus the Contractor’s Margin) is to be added to the Contract Price and included in a progress claim or invoiced separately.

6.4 The Customer acknowledges that Foundations Data will not identify the location and extent of any rock in the subsurface.

7. Site Access7.1 On and from the date specified at Item 8 of the Schedule, the

Customer gives the Contractor a licence to enter and occupy the Site for the purpose of performing the Works, complying with its obligations under Clause 24 and exercising all the Contractor’s rights under this Contract, and must, at its own cost, ensure that the Contractor has sufficient all weather access to the Site to carry out the Works, including sufficient access for vehicles and other equipment.

7.2 The Contractor may exclude persons from the Site other than the Customer or the Customer’s Representative and any officer of the QBCC or other body having jurisdiction over the carrying out of the Works.

7.3 The Contractor is not liable to the Customer for any damage to any driveway, footpaths, kerb, gutter, paving, underground service, drain, structure or other property on or near the Site, which arises as a result of the reasonable carrying out of the Works by the Contractor and the Contractor’s employees and subcontractors.

7.4 If sufficient access to the Site is not available when required by the Contractor, the reasonable costs incurred by the Contractor in obtaining access, plus the Contractor’s Margin, is to be added to the Contract Price and included in a progress claim or invoiced separately.

7.5 The Customer, and any person authorised by the Customer to attend the Site, must not interfere with the performance of the Works.

7.6 If the Customer fails to comply with this Clause, the Customer is liable to the Contractor for any delay, and any increase in the cost to the Contractor in carrying out the Works as a result.

8. Risk, Insurances and Indemnity8.1 Subject to Clause 15.3, the Works are at the risk of the Contractor from

the Date of Commencement until the Date of Practical Completion or earlier termination of this Contract.

8.2 Subject to Clause 15.3, the Customer warrants that from the Date of Practical Completion the Customer will become responsible for the Works, including the correct maintenance of the Works including any Equipment, accessories and water as may be required in accordance with the instructions provided by the Contractor.

8.3 Subject to Clause 15.3, the Contractor must effect and maintain the following insurance policies from the Date of Commencement until the Date of Practical Completion:

a. public liability insurance covering the liabilities of the Contractor and the Customer to third parties in respect of personal injury or death, and in respect of loss or damage to property, arising out of, or in connection with, the Works for an amount of no less than $5 million for any one occurrence;

b. Contract Works insurance covering the liabilities of the Contractor and the Customer, in respect of physical loss, destruction or damage to the Works to the full insurable value of the Works; and

c. any insurance required by the Workers’ Compensation and Rehabilitation Act 2003 in respect of the Contractor’s workers.

8.4 The Contractor must, on written request by the Customer, provide to the Customer evidence in writing that all insurances required under this Contract have been obtained and are current.

8.5 The Customer must indemnify the Contractor against any claim, liability or loss in respect of personal injury or death, and in respect of loss or damage to property, arising out of, or in connection with, any act or omission of the Customer.

8.6 The Contractor must collect from the Customer the HWI premium, if required for the Works (Note: the HWI premium must be collected from the Customer and paid to the QBCC within 10 Business Days after the date this Contract was entered into or before Work under this Contract starts, whichever is the earlier).

9. Extensions of Time

9.1 If the progress of the Works is delayed by any of the following causes:

a. inclement weather or conditions resulting from inclement weather;

b. proceedings being taken or threatened by or disputes with neighbours adjoining the Site, or nearby residents;

c. any order of a court, tribunal or other authority;

d. any act or omission of the Customer, including the Customer’s failure to sign a variation document or give its consent to a variation due to a legal requirement or Latent Condition;

e. any civil commotion or industrial dispute affecting the Works or the supply of materials for the Works;

f. any variation to the Works;

g. the Contractor not being able to access the Site on or after the date specified in Item 8 of the Schedule; or

h. any other matter, cause or thing beyond the control of the Contractor;

the Contractor is entitled to a reasonable extension to the Date for Practical Completion equivalent to the period of the delay.

9.2 To claim an extension of time to the Date for Practical Completion, the Contractor must within 10 Business Days of when the Contractor ought reasonably to have become aware of the cause and extent of the delay, give to the Customer a written notice claiming the extension of time together with supporting documentation evidencing:

a. the cause of the delay; and

b. the extension of time claimed.

9.3 The Customer must within 5 Business Days, notify the Contractor in writing that the extension of time claim is approved, approved in part only or rejected. The Contractor must give the Customer a signed copy of the claim within 5 Business Days of the Customer approving the claim.

9.4 If the Customer rejects the claim or approves the claim in part only, the Customer must provide reasons and the dispute is to be resolved in accordance with Clause 25.

9.5 Where the cause for the delay has been allowed for by the Contractor at Item 5 of the Schedule, the Contractor is only entitled to an extension of the Date for Practical Completion to the extent that the delay exceeds the allowance at Item 5 of the Schedule.

10. Progress and other Payments

10.1 The Customer must pay the Contract Price progressively on completion of the Works and at each Stage.

10.2 The Deposit must be paid to the Contractor on signing of this Contract.

10.3 The Contractor is to notify the Customer in writing when a Stage of the Works has been completed and set out the amount of the Contractor’s progress claim.

10.4 The progress claim for each Stage shall consist of the amount due to the Contractor for completion of that Stage as calculated in accordance with Annexure K, plus or minus any adjustment to the Contract Price in accordance with this Contract and any other sum due and payable to the Contractor under this Contract or otherwise.

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10.5 The Customer must pay each progress claim or other payment request within the time stated at Item 12 of the Schedule without deduction or setoff.

10.6 The Customer must pay to the Contractor interest on any overdue payments under this Contract, at the rate stated at Item 13 of the Schedule.

10.7 Payment of any progress claim is not to be regarded as acceptance by either party that their respective obligations under this Contract have been completed satisfactorily, but merely as payment on account.

10.8 The Customer acknowledges that the Customer has no right of set-off under this Contract, or to deduct any amount from a progress claim due to the Contractor under this Clause.

11. Variations11.1 The Works may be varied:

a. by agreement between the parties;

b. where there is a Latent Condition, in order to overcome the Latent Condition; or

c. where due to a requirement of a private certifier, statute, local authority or other body having jurisdiction over the carrying out of the Works, in order to comply with the requirement.

Variation by agreement

11.2 The parties may agree to vary the Works by adding or omitting work or materials from the Works.

11.3 The Contractor is not obliged to carry out any variation requested by the Customer.

Variation for Latent Condition

11.4 If, in carrying out the Works or attempting to gain access to the Site, the Contractor becomes aware of any Latent Condition which effects the Contractor’s performance of the Works, the Contractor must give the Customer a written notice describing the Latent Condition and the Contractor’s estimate of the work and cost required to overcome the Latent Condition.

11.5 Subject to this Clause, the Contractor may, with the written approval of the Customer, vary the Works to overcome the Latent Condition. The Customer must not unreasonably refuse approval to vary the Works due to a Latent Condition and must take all steps to sign the variation document provided by the Contractor.

11.6 The Contractor may not recover additional payment for a variation in respect of a Latent Condition where the need for the variation arose because:

a. the Contractor failed to obtain suitable Foundations Data before entering this Contract and, had the Contractor obtained such Foundations Data, the need for additional work could reasonably have been established; or

b. the Contractor obtained suitable Foundations Data or the Customer provided Foundations Data to the Contractor before entering this Contract, and the need for the additional work could reasonably have been established from such Foundations Data.

11.7 In the event that the Latent Condition is also Emergency Work, then notice is not required to be given by the Contractor to the Customer and the reasonable costs of carrying out the work required to overcome the Emergency Work shall be deemed a variation to this Contract.

Variation for legal requirement

11.8 On becoming aware that this Contract, or the carrying out of the Works, or the Contract Price is in conflict with, or inconsistent to, any requirement, of a private certifier, statute (including a change in the law), local authority or other body having jurisdiction over the Works, the party so advised must immediately notify the other party in writing.

11.9 Subject to this Clause, the Contractor may, with the written approval of the Customer, vary the Works to comply with the requirement.

11.10 The Customer must not unreasonably withhold its approval to a variation due to a legal requirement and must take all steps to sign the variation document provided by the Contractor.

11.11 The Contractor may not recover additional payment for a variation in respect of a legal requirement where the Contractor could reasonably have established the need for the variation at the time of entering into this Contract.

Procedure for variations

11.12 Before commencing any work comprising a variation, the Contractor must ensure that the details of the variation are put in writing in a variation document.

11.13 The variation document must:

a. be readily legible and describe the variation and any work to be carried out;

b. state the date of the request for the variation;

c. if the variation was requested by the Contractor, state the reason for the variation;

d. if the variation will result in a delay affecting the Works, state the Contractor’s estimate of any period of delay to the Date for Practical Completion;

e. state the change to the Contract Price because of the variation or how the price of the variation will be calculated and, if applicable, using the pricing method in Annexure D; and

f. state when any adjustment to the Contract Price is to be paid or accounted for.

11.14 The Contractor must give the Customer a copy of the variation document before the earlier of 5 Business Days of when the Customer agreed to the variation or starting the work the subject of the variation.

11.15 Subject to the remainder of this Clause, where appropriate, the price of a variation is to be calculated in accordance with the appropriate rates as set out in the Contract.

11.16 Any claim for an extension of time due to a variation must be made in accordance with Clause 9.

11.17 The requirement for an approved variation document to be given to the Customer prior to carrying out any work does not apply if, the variation is required to be carried out urgently and it is not reasonably practicable to produce a copy of a variation document in writing prior to carrying out the work.

12. Prime Cost Items12.1 The Contract Price includes the items shown as Prime Cost Items in

Annexure I, which sets out the Contractor’s reasonable allowance of the cost of supplying those items, which the Customer has not finally selected at the date of this Contract.

12.2 The cost of delivery to Site of Prime Cost Items is included in the Contract Price.

12.3 The Customer must select each Prime Cost Item, upon request by the Contractor, within sufficient time so as not to delay the progress of the Works.

12.4 If the Actual Cost of supply of the Prime Cost Item is greater than the amount allowed in Annexure I, the excess amount together with the Contractor’s Margin on the excess amount is to be added to the Contract Price.

12.5 If the Actual Cost of supply of the Prime Cost Item is less than the amount allowed in Annexure I, the difference between the amount allowed and the Actual Cost is to be deducted from the Contract Price.

12.6 Any increase to the Contract Price in accordance with this Clause is to be claimed or allowed for in a progress payment for a Stage or invoiced/paid separately. Any decrease to the Contract Price will be credited against amounts owed by the Customer.

12.7 If the Contractor purchases a Prime Cost Item, any discounts for prompt payment allowed in favour of the Contractor are not to be included in the calculation of the Actual Cost to supply the item.

13. Provisional Sums13.1 The Contract Price includes the items of work shown as Provisional

Sums in Annexure J, which sets out the Contractor’s reasonable estimate of the cost of carrying out each item of work for which the Contractor cannot give a definite price at the Contract Date.

13.2 The cost of the supply of necessary materials in order to complete the Provisional Sum item of work is included in the Contract Price.

13.3 The Contractor may, at its discretion, allow the Customer a reasonable opportunity, upon the giving of adequate notice, to be present at the Site during the performance of any work included as a Provisional Sum in order to verify the Actual Cost of the work.

13.4 If the Actual Cost for a Provisional Sum is greater than the amount allowed in Annexure J, the excess amount together with the Contractor’s Margin on the excess amount is to be added to the Contract Price.

13.5 If the Actual Cost for a Provisional Sum is less than the amount allowed in Annexure J, the difference between the amount allowed and the Actual Cost is to be deducted from the Contract Price.

13.6 Any increase to the Contract Price in accordance with this Clause is to be claimed or allowed for in a progress payment for a Stage or invoiced/paid separately. Any decrease to the Contract Price will be credited against amounts owed by the Customer.

14. Customer’s Work14.1 The Customer is to carry out, or arrange an appropriately skilled

and qualified person to carry out, the work and supply the materials described in Annexure E as being supplied or carried out by the Customer at the Customer’s own risk, at the direction of the Contractor, to the Contractor’s satisfaction, and so as not to damage the Works, materials or equipment.

14.2 The Customer must ensure that the progress of the Contractor’s work

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is not interfered with due to the performance of the Customer’s work, or the supply of the Customer’s materials.

15. Suspension of Work 15.1 If the Customer is in substantial breach of this Contract, including (but

not limited to) where the Customer:

a. fails to provide satisfactory evidence of its title to the Site, or its capacity to pay the Contract Price, within the time required under Clause 1.8;

b. fails to pay any progress payment or other amount due to the Contractor within the time allowed in this Contract;

c. fails to sign a variation document or give its approval to a variation due to a legislative requirement or Latent Condition;

d. interferes with, or obstructs, the Contractor in the performance of the Works;

e. fails to obtain a Pool Fencing Certificate in accordance with Clause 23; or

f. fails to give the Contractor access to the Site or maintain adequate access as required by Clause 7,

the Contractor may, without prejudice to any other rights under this Contract, suspend the Works by giving written notice to the Customer specifying the reason for the suspension.

15.2 If the Customer remedies the failure or default, and gives the Contractor written notice that the failure or default has been remedied, the Contractor must recommence the Works within 5 Business Days of receipt of such notice unless the Contractor has terminated this Contract under Clause 16.

15.3 Where Works are suspended under this Clause or deferred by the written agreement of the parties for reason including:

a. to allow the Customer to commence or complete other works on or around the Site; or

b. for any other mutually agreed purpose,

the Customer accepts and acknowledges that:

a. additional or increased costs may be recovered by the Contractor pursuant to Clause 27 upon re-commencement of the Works; and

a. the Customer is solely responsible during the period of suspension for the safety of the Site and any associated liability.

16. Termination of Contract by Contractor16.1 In addition to the Contractor’s rights under Clause 25, if the Customer:

a. fails to provide satisfactory evidence of its title to the land, or its capacity to pay the Contract Price, within the time required by Clause 1.8;

b. fails to provide access in accordance with Clause 7 of the Contract;

c. fails to ensure there is no interference as required by Clause 14 of the Contract;

d. fails to pay any progress payment or other amount due to the Contractor within the time allowed in this Contract;

e. fails to sign a variation document or give approval to a variation due to a legal requirement or Latent Condition;

f. interferes with, or obstructs, the Contractor in the performance of the Works;

g. prior to making final payment under this Contract, uses or occupies the Works without the Contractor’s written consent;

h. fails to obtain a Pool Fencing Certificate in accordance with Clause 23; or

i. is otherwise in substantial beach of this Contract,

the Contractor may, if the failure or default is capable of being remedied by the Customer, give the Customer a notice in writing setting out the specific details of the failure or default and stating the Contractor’s intention to terminate this Contract if the failure or default is not remedied within 5 Business Days or such longer time as is specified in the notice.

16.2 If the Customer does not remedy the failure or default within the time allowed in the notice, or if the failure or default cannot be remedied, the Contractor may terminate this Contract by giving a further notice in writing to the Customer.

16.3 If the Contractor terminates this Contract under this Clause, the Contractor may:

a. enter onto the Site and recover and retain all materials, goods, plant and Equipment provided by the Contractor; and

b. recover all losses and expenses arising from the Customer’s breach or actions taken by the Contractor as a result of the Customer’s breach, and the termination of this Contract, or setoff such amounts from any amount due to the Customer.

17. Termination of Contract by Customer17.1 In addition to the Customer’s rights under Clause 25, if the Contractor:

a. unlawfully suspends the Works without reasonable cause;

b. fails to proceed with the Works with reasonable diligence,

c. unreasonably fails to replace or remedy any agreed defective work or materials so that the Works are adversely affected;

d. does not hold the appropriate licence issued by the QBCC for the Works, surrenders its licence, loses its licence, is banned or prohibited from holding a licence, or otherwise has its licence cancelled or suspended; or

e. is in substantial default of this Contract,

the Customer may, if the failure or default is capable of being remedied by the Contractor, give the Contractor a notice in writing setting out the details of the failure or default and stating the Customer’s intention to terminate this Contract if the failure or default is not remedied within 5 Business Days or such longer time as is specified in the notice.

17.2 If the Contractor does not remedy the failure or default within the time allowed in the notice, the Customer may terminate this Contract by giving a further notice in writing to the Contractor.

18. Insolvency18.1 If a party to this Contract:

a. becomes insolvent or unable to pay its debts;

b. commits an act of bankruptcy;

c. is made bankrupt;

d. assigns assets for the benefits of creditors generally;

e. makes a composition or other arrangement with creditors; or

f. being a company, goes into liquidation, administration or receivership,

the other party, may, without prejudice to any other right or remedy, terminate this Contract immediately by notice in writing.

18.2 On termination of this Contract under this Clause by the Contractor, the Contractor is entitled to recover the amounts set out in Clause 16.

19. Acceptable Tolerances19.1 Subject to this Clause, the Contractor must complete the Works to

the dimensions contained in this Contract or as varied in accordance with this Contract.

19.2 On Practical Completion the Works must be:

a. within + 10% or -5% of the agreed water depth, within +5% or -1.5% of the agreed length, within +10% or -2.5% of the agreed width;

b. within +70mm and -40mm of the agreed height in relation to the Datum Point (from the top of the coping finishes), and level at the top of the structural shell from end-to-end and from side-to-side to within 30mm along the water’s edge.

19.3 The Internal Work shall be completed in such a manner that causes the least internal distortion to its true shape. Variations from a straight edge across the internal wall face shall not exceed 1/50 (up to a maximum of 1/250) of the overall length of the wall, and 1/35 of the height of the wall.

19.4 The Contractor does not breach this Contract and shall not be liable to rectify or make any financial compensation or adjustment to the Customer for any deviation from the dimensions contained in these Contract documents where such deviation is within the allowable tolerances stated above, or, as requested by the Customer, or, as may be required by regulatory authorities or the building certifier.

20. Practical Completion20.1 Prior to the Date of Practical Completion, the parties will complete the

Defects Document and the Contractor will provide a signed copy of the Defects Document to the Customer.

20.2 The Contractor must remedy agreed minor defects and minor omissions as listed in the Defects Document completed under Clause 20.1 within the time stated in the Defects Document. The Customer acknowledges that completion of the items listed in the Defects Document is not a condition precedent to the Works achieving Practical Completion.

20.3 On the Date of Practical Completion the Contractor must give the Customer:

a. a certificate of practical completion;

b. a final progress claim setting out all monies owing under this Contract or in connection with the subject matter of this Contract.

20.4 The Customer is not entitled to:

a. take control of, possession of or use the Works or any part of the Works; or

b. receive any warranties (other than Statutory) or instruction, manuals etc for the Works,

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until the Contractor has been paid the Contract Price, adjusted by any additions or deductions made under this Contract.

20.5 The Contractor may by notice in writing to the Customer permit the Customer to:

a. take control of:

b. take possession of; or

c. use,

the whole or any part of the Works prior to the Date of Practical Completion but such possession does not release the Customer’s liability to pay the outstanding balance of the Contract Price, adjusted by any additions or deductions made under this Contract.

21. Final Payment21.1 On Practical Completion of the Works the Customer must pay

the amount contained in the Contractor’s final progress claim in accordance with Clause 10.5 and Clause 20.

21.2 On receiving the final payment from the Customer, the Contractor must:

a. hand over the Works to the Customer;

b. provide all guarantees, instruction manuals and similar documents (unless already provided to the Customer); and

c. provide to the Customer all approvals and certificates of inspection required from any statutory authority or building certifier in connection with the Works which the Contractor is required to obtain under this Contract.

21.3 Upon payment of the final progress claim and handover of the Works, the Contractor must instruct the Customer with respect to maintaining the Works and related equipment/accessories.

22. Default on Payments22.1 Until the Customer pays all amounts due under this Contract:

a. property and title in the Equipment will not pass to the Customer and such things do not become part of the land, regardless of whether or not fixed to the land;

b. the Customer shall hold the Equipment as a fiduciary and bailee for the Contractor;

c. all Equipment must be stored (where practical) separately and in all cases, in a manner enabling them to be identified as goods of the Contractor;

d. if the Equipment is attached, fixed, or incorporated in the property of the Customer or the Works by way of any manufacturing or assembly process by the Customer or any third party, title in the Equipment shall remain with the Contractor until the Customer has made payment for all Equipment and where that Equipment is mixed with other property so as to be part of or a constituent of any new Equipment, title to this new Equipment shall be deemed to be assigned to the Contractor as security for the full satisfaction by the Customer of the full amount owing between the Contractor and the Customer.

22.2 If final payment is not received by the Contractor within 5 Business Days of the Date of Practical Completion:

a. the Contractor may require the Customer to return the Equipment to the Contractor;

b. the Customer gives irrevocable authority to the Contractor to enter the Site or any premises occupied by the Customer or on which Equipment is situated at any reasonable time after default of the Customer or before the default if the Contractor believes a default is likely for the purposes of this Clause to inspect, retake possession of, remove, move, disconnect, unfix or sever any part of the Works and Equipment;

c. the Contractor shall not be liable for any cost, damages, expenses or losses incurred by the Customer or any third party as a result of the Contractor’s actions under this Clause, nor be liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded;

d. the Contractor may either resell any repossessed Equipment and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling or other costs) or may retain any repossessed Equipment and credit the Customer’s account with the invoice less such sum that the Contractor reasonably determines on account of wear and tear, depreciation, obsolescence, loss of profit and costs subject to the provisions of the PPSA as applicable.

22.3 Notwithstanding Clauses 22.1 and 22.2, the Contractor will be entitled to maintain an action against the Customer for the final payment.

22.4 The Contractor may require payment in addition to the final payment, for returning, reinstating or reinstalling the items removed pursuant to Clause 22.2.

22.5 The Customer:

a. gives the Contractor a security interest in the Works and the

Equipment and this Contract constitutes a security agreement for the purposes of the PPSA;

b. gives the Contractor a security interest in all of the Customer’s present and after acquired property (excluding real property) that the Contractor has performed services on or to or in which Equipment has been attached or incorporated;

c. agrees to do all such things and sign all such documents and provide all such information as necessary and reasonably required to enable registration of a security interest under the PPSA and to enable the Contractor to acquire a perfected security interest in all Equipment supplied by the Contractor to the Customer;

d. agrees to pay all reasonable expenses including the costs, commissions and legal expenses on an indemnity basis whatsoever arising from the collection of overdue monies or registration, maintenance, enforcement or discharge of a security interest and such other costs and expenses as the Contractor may incur;

e. authorises the disclosure of information by a secured party to the Contractor under section 275(7)(c) of the PPSA in response to any request for information pursuant to section 275(1) of the PPSA; and

f. agrees to not create any other security interest or lien over the Works or Equipment.

22.6 The Contractor may register a financing statement over the Works and Equipment and if over consumer property such registration is to have an end time no later than the time that is the end of the day 7 years after the registration time and the Customer shall agree to waive the right to a verification statement or notification of a registration event to the extent permitted by the PPSA.

22.7 The Contractor’s address for service of notices under the PPSA is the address of the Contractor set out in Item 2 in the Schedule.

22.8 The Customer charges in the Contractor’s favour the payment of all monies owing to the Contractor by the Customer:

a. where the Customer is not a Resident Owner, all of the Customer’s estate and interest in any land including the Site;

b. any other assets whether tangible or intangible in which the Customer now has any legal and/or beneficial interest and/or in which the Customer may later acquire any such interest.

22.9 Where the Contractor has an interest in land pursuant to Clause 22.8(a), the Customer:

a. grants an equitable mortgage over the land to the Contractor, charging the land as security for the performance by the Customer of all of the Customer’s obligations under this Contract;

b. agrees to the Contractor lodging a caveat over the land to secure the Contractor’s interest in the land as equitable mortgagee;

c. agrees to do all things and sign all documents necessary to enable the Contractor to lodge the caveat;

d. agrees to be responsible for, and pay for, all stamp duty and registration fees that may be payable by virtue of the operation of this Clause and on any caveat lodged by the Contractor and all cost, charges and expenses incurred by the Contractor on an indemnity basis in relation to any action taken in respect of this Clause;

e. hereby irrevocably appoints the Contractor as the Customer’s attorney for the purposes of doing all such acts and things and executing all such documents necessary to enable the Contractor to register either a non-lapsing caveat, mortgage or security interest over any such property.

23. Fencing23.1 Neither party shall fill the Works with water, or allow the Works to be

filled, unless a swimming pool fence that complies with all statutory requirements has been erected and certified on the Site.

23.2 Where the erection of the swimming pool fence is not included in this Contract, the Customer must erect the fence and obtain a Pool Fencing Certificate within 10 Business Days of a direction of the Contractor so as to avoid any delay to the progress of the Works or damage to the Works.

23.3 The Customer acknowledges that if the Pool Fencing Certificate relates to a temporary swimming pool fence:

a. it is the Customer’s ongoing responsibility and obligation to obtain a final inspection certificate in respect of the swimming pool fence; and

b. the Contractor is relieved of such obligation and the final inspection certificate for such fence is not a requirement of Practical Completion.

24. Defects Rectification24.1 The Contractor must make good defects or omissions in the Works,

which became apparent within 12 months of Practical Completion

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of the Works and are notified to the Contractor in writing within 14 months of Practical Completion of the Works.

24.2 The Contractor must, at its own cost, commence rectification of defects under this Clause:

a. within 20 Business Days after receiving written notice from the Customer under Clause 24.1;

b. at such other time as is reasonable given the conditions of the Site; or

c. as agreed by the parties.

24.3 The Customer must notify the Contractor in writing of any defects in the Works that need to be made promptly from when they become first apparent or manifest.

24.4 In the event that the Customer does not notify the Contractor promptly of any defect in the Works, then the Contractor is not liable for any other damages caused by the failure of the Customer to notify promptly.

24.5 If it is necessary to empty the Works of water in order to remedy a defect in the Works, the Contractor will, when the Works have been refilled with water supplied by the Customer, provide chemicals to retreat the water to a standard suitable for use by the Customer.

24.6 The Contractor is not liable to make good any defects in the Works which have arisen as a result of:

a. any act or omission of the Customer, including the Customer’s failure to properly maintain the Works; or

b. where the Works have been emptied of water without the Contractor’s written consent; or

c. where accessories, Equipment, other items or surrounding work has been installed/modified by persons other than the Contractor.

25. Disputes25.1 If either party considers that a dispute has arisen in relation to

anything in connection with this Contract, during the progress of the Works or after completion of any Stage that party must immediately upon becoming aware of such circumstances, give to the other party a written notice setting out the details of the dispute.

25.2 Prior to the certificate of Practical Completion being issued and within 15 Business Days of a notice being given under Clause 25.1, if the dispute cannot be resolved informally between the parties, the parties must then participate in the QBCC’s Early Dispute Resolution process (EDR).

25.3 The Customer can make no objection to a representative of SPASA Queensland participating in the EDR if requested by the Contractor.

25.4 If the dispute cannot be resolved through EDR, the Customer or Contractor (as the case maybe) must then give written notice to the other party advising of their intention to refer the dispute to the relevant court or tribunal as appropriate.

25.5 Upon the giving of a notice under clause 25.1 by either party, the Contractor may elect to suspend the Works until such time as the dispute is resolved.

25.6 Nothing in this Clause shall prejudice the rights of a party to institute proceedings to enforce payment due under Clauses 10 or 21 or to seek urgent injunctive or declaratory relief in respect of a dispute under this Clause or any matter arising under this Contract.

26. Giving of Notices26.1 If this Contract requires or permits a party to give a notice, consent

approval or other communication in writing to the other party it must be given by:

a. handing it directly to the other party;

b. leaving it with a person, apparently over the age of 16, at the other party’s address stated in the Schedule;

c. pre-paid mail to the last known address of the other party;

d. facsimile transmission to the last known facsimile number of the other party; or

e. email to the email address specified in Item 1 and Item 2 of the Schedule.

26.2 A notice, which is not directly handed to the other party, is taken to have been received 3 Business Days after being posted, the following day if transmitted by facsimile, or on the day of receipt in respect of email communication.

27. Suspension and Delay Costs27.1 If the Works are suspended under Clause 15 or Clause 25 for a period

exceeding 10 Business Days the Contractor may, by written notice to the Customer, increase the Contract Price by:

a. the actual and additional costs incurred by the Contractor during the period of the suspension; and

b. any cost escalation on the remaining Works.

27.2 Where the progress of the Works is delayed as a result of any cause specified in Clause 9.1, any increase to the costs to the Contractor

in carrying out the Works that is a result of the delay may be claimed by the Contractor.

27.3 The Contractor’s right to an increase in the Contract Price under Clause 27.2 is not subject to the Contractor claiming an extension to the Date for Practical Completion in accordance with Clause 9.

27.4 Any increase in the Contract Price under this Clause is to be claimed by the Contractor promptly and included in a progress claim for the next Stage of the Works in accordance with Clause 10.4.

28. Handover28.1 As soon as practicable after the Date of Practical Completion, the

Contractor is to make arrangements with the Customer to provide instruction to the Customer in respect of the proper use and maintenance of the pool/spa and the Equipment, and perform a check of the water balance.

28.2 The Customer acknowledges that obtaining such instruction and water balance check, is not condition precedent to the Works achieving Practical Completion.

29. Definitions & Interpretation29.1 In this Contract, unless the context otherwise provides:

a. words imparting the singular include the plural and vice versa; and

b. a reference to a person includes a partnership and a company.

c. include, includes or including are not words of limitation.

Act means the Schedule 1B of the Queensland Building and Construction Commission Act 1991 (Qld);

Actual Cost in respect of a Prime Cost Item or a Provisional Sum includes all of the Contractor’s costs in supplying the item or performing the work plus the Contractor’s Margin on those costs plus GST on the total of those amounts;

Annexure means an annexure referenced in Clause 3.1;

Axis means a straight line drawn in the direction of the length of the pool/spa contained substantially within the pool outline at an agreed position;

Business Day means a day that is not:

a. a Saturday or a Sunday; or

b. a public holiday or RDO in the place in which any relevant act is to be or may be done;

Consumer Building Guide means the Consumer Building Guide issued by the QBCC;

Contract means this Contract including the documents stated in Clause 3;

Contract Date means that date that the last party signed the Contract at Annexure L;

Contractor means the person stated in Item 2 of the Schedule, and includes that person’s permitted assignees and transferees;

Contract Price means the amount stated in the Item 4 of the Schedule as adjusted or varied under this Contract. The Contract Price:

a. includes GST, and any other tax, levy or other duty that is associated with the Works;

b. does not include associated third party amounts payable by the Customer to third parties for relaxation fees or connection/installation of goods/services under this Contract or otherwise.

Contractor’s Margin means the amount stated in Item 11 of the Schedule to cover the reasonable overheads, supervision and profit of the Contractor;

Customer means the person stated in Item 1 of the Schedule, and includes that person’s permitted assignees and transferees;

Customer’s Representative means the person stated in Item 1 of the Schedule who is authorised by the Customer to act as their agent in the administration of the Contract;

Date for Commencement means the date by which the Contractor must commence the Works on the Site as specified in Item 6 of the Schedule or as determined in accordance with Clause 4;

Date of Commencement means the first day which the Contractor actually commences work on the Site;

Date for Practical Completion means the date specified or calculated in accordance with Item 7 of the Schedule;

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Date of Practical Completion means the date by which the Works reach Practical Completion;

Datum Point means an undisturbed fixed point the level of which is able to be determined at all times, as described in Annexure A and as identified on Annexure G;

Day unless otherwise stated means Business Day;

Defects Document means a document that:

a. lists the minor defects and minor omission in the Works that the Contractor and the Customer agree exist; and

b. states when the Contractor is to remedy the minor defects and minor omissions in a); and

c. lists the minor defects and minor omissions that the Customer claims exist and the Contractor does not agree exist; and

d. is signed by the Contractor;

Deposit means the amount stated in Annexure K;

Dispute means a dispute under Clause 25;

Emergency Work means work required to overcome a Latent Condition or other condition which the Contractor encounters which in the Contractor’s sole discretion, if not dealt with immediately, would result in further costs to the Customer or is likely to be a danger to the health or safety of any person or damage to property on or around the Site;

Equipment means all materials, equipment, accessories and other goods supplied by the Contractor to the Customer including but not limited to:

a. items referred to in this Contract including composite, fibreglass, kit or prefab pool, filter, pump, chlorinator or chemical controller, pool cover, blower/spa jets, automatic/in floor pool cleaner, heater/cooler, solar panels, surface skimmer, underwater lights, transformers, fibre optic, suction sweeper kit, pool brush, leaf scoop, test kit, tiles coping, building and landscaping materials; and

b. items further identified in any invoice issued by the Contractor to the Customer, which invoices are deemed to be incorporated into and form part of this Contract; and

c. all of the Customer’s present and after acquired goods that the Contractor has performed work on or to and to which Equipment supplied by the Contractor have been attached or incorporated.

The above descriptions may overlap but each is independent of and does not limit the others.

Excluded Items means those items listed in Annexure F;

Foundations Data means the information about the Site needed for the preparation of an appropriate footing design for the pool and adequate estimation of costs of constructing the footings;

General Conditions means these general conditions of this Contract;

HWI means the QBCC’s Home Warranty Insurance, the premium for which is specified in Item 4 of the Schedule.

Interest Rate on Overdues unless otherwise stated means the rate of 10 percent per annum plus the relevant Reserve Bank of Australia interest rate for 90-day bank bills, calculated on a daily basis, from the date due for payment until the date of receipt of payment;

Internal Work means internal waterproof membrane or lining of the pool shell;

Latent Condition means any physical condition on or around the Site, including surface, access and subsurface conditions, which differ materially from the physical conditions reasonably expected by the Contractor at the time this Contract was entered into;

Lending Authority means the bank, building society or other financial institution listed in Item 14 of the Schedule;

Length with respect to the Works, means the internal waterline measurement taken along the agreed Axis to points on the walls of the pool/spa as identified on Annexure G;

Loan Approval Date means the approval date for the loan as specified at Item 14 of the Schedule;

Overburden means that part of the Site which needs to be excavated above or below the level nominated on Annexure G at which the top of the pool is to be positioned to provide for the entire Works including walkways and surrounds and, where practicable, sloping back any embankment formed by the excavation to help ensure the stability of such embankment;

Pool Fencing Certificate means an inspection certificate issued under the Building Act 1975 approving a temporary swimming pool fence or a final swimming pool safety barrier;

PPSA means the Personal Properties Securities Act 2009 (Cth);

Practical Completion means the Works are complete in compliance with the Contract and all statutory requirements and without any defects or omissions other than minor defects or minor omissions that do not unreasonably prevent the Works from being used for their intended purpose and where required the Contractor has given the Customer a defect document listing the minor defects and minor omissions;

Prime Cost Item means the items specified in Annexure I;

Provisional Sum means those allowances specified in Annexure J;

QBCC means the Queensland Building and Construction Commission;

Resident Owner means a building owner who is an individual and who intends to use the domestic building work for his own personal and private use upon its completion (or within 6 months following its completion);

Schedule means the schedule attached to this Contract;

Site means the Site address set out in Item 3 of the Schedule;

SPASA Queensland SPASA Queensland means the Queensland region of the Swimming Pool & Spa Association of Australia Ltd;

Stage means a stage of the Works identified in Annexure K when the Contractor can issue a claim for payment under Clause 10 or 21;

Water Depth with respect to the Works, means the internal vertical distance from an imaginary horizontal line drawn at the level of the midpoint of the operating range of the skimmer box (after allowing for the weir operation), to the floor of the pool/spa at the agreed points as identified on Annexure G;

Width with respect to the Works, means the internal waterline measurements taken at right angles through the Axis to the points on the walls of the pool/spa identified on Annexure G;

Works means the whole of the work to be carried out or material supplied by the Contractor under this Contract, and includes variations to the Works but excludes the Excluded Items and work being done by the Customer in Annexure E.

SPASA Queensland has prepared these documents for the convenience and guidance of SPASA Queensland Member Contractors and their Customers, and, although every care has been taken in their preparation, SPASA Queensland or its Members shall not be liable to any person under any circumstances whatsoever arising by virtue of a claim for breach of warranty (express or implied), tort (including negligence), strict liability or otherwise for actual, incidental, contingent, special or consequential damages, lost profits or revenues arising directly or indirectly from, or out of (but not restricted to), any claim arising out of the inaccuracy of any information contained or perceived in these documents.

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Customer’s Record of adjustments and variations(This page is not part of the Contract)

Use this page to keep a record of adjustments and variations to the Contract

Contract price $ (Including GST)

Adjustments (Prime Cost & Provisional)

Allowed 1. $ Actual $ Allowed 2 $ Actual $ Allowed 3. $ Actual $ Allowed 4. $ Actual $ Allowed 5. $ Actual $ Allowed 6. $ Actual $ Allowed 7. $ Actual $

Variations Date agreed Brief detail Additional or deleted cost (+ or - amounts)

1. $ 2. $ 3. $ 4. $ 5. $ 6. $ 7. $

Payments made Use this space to keep a record of payments made. In all cases a written receipt for a payment should be obtained.

Date agreed Brief detail Additional or deleted cost (+ or - amounts)

1. $ 2. $ 3. $ 4. $ 5. $ 6. $ 7. $ 8. $ 9. $ 10. $

Total Amount Paid $

(This page is not part of the Contract)

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Swimming pools and spas are highly valued additions to any outdoor living area. They’re cool, inviting and serve as a focal point for your lifestyle; whether you want to exercise or just relax with family and friends.

Looking for a pool professional you can trust? Not sure what you want or how to get it? Ask a professional! Whether you are in the market for a new pool or need help looking after an existing pool and surrounds, a SPASA Qld member can help.

• Pool builder members create lifestyle solutions, with a swimming pool or spa designed for every situation and;• Retail and service members care for your pool and protect the health and safety of all those who use it.

Always use a SPASA Member.

SPASA MEMBERS ARE SUPPORTED: • By a State-wide, voluntary, self-assessing and self-regulated body (with National and International affiliations), whose

Members agree to abide by its rules, regulations and a monitored Code of Ethics, in the conduct of their business, and who have access to technical training and educational programmes designed to ensure their construction staff perform with technical excellence.

• To gain acceptance to SPASA your Contractor must provide evidence of competent trading, acceptable credit, acceptable skills assessment and an acceptable history of Consumer relationships.

SPASA MEMBERS ARE MONITORED:• Members are subject to continuing assessment by their peers as to business acumen, professionalism, consumer

relations and trade skills.• Members are subject to continuing assessment by the Association Management as to their ongoing Consumer relations

in accordance with the Members' Code of Ethics.

SPASA MEMBERS CAN PROVIDE:• Watertight Contract Benefits

The QBCC Statutory Insurance Scheme does not cover you for Swimming Pool Construction. Only SPASA Members are able to provide you with "Contract Completion" benefits to ensure that your Contract will be completed in the event of "Contractor Default" Simply said, this means that if the Contractor is unable to complete his obligations for reasons of death, or insolvency - and you have Watertight Contract Benefits - your Contract will be completed.

• Contract Works and Liability InsuranceBy special arrangement with the Association's broker SPASA Members are able to provide Contract Works (to the full "Insurable Value" of the Contract) together with Public & Products Liability for both you and the Contractor to protect the occupants and visitors to your site in respect of personal injury or death, and damage to property arising out of or in connection with the work under your Contract - until 4pm on the Date of Practical Completion.

• Contracts that complyContracts that comply with Queensland Legislation, specifically suited to the purpose, which are constantly reviewed - and, which protect the rights of the Customer and the Contractor.

The Benefits ofDealing with a SPASA MEMBER

Not all Licensed Swimming Pool Contractors qualify for SPASA Membership.

Swimming Pool & Spa Associationof Queensland Inc.

IA: 17568Phone: (07) 3252 6777 Fax: (07) 3252 6700

Email: [email protected]




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