Timber Ridge Pools Terms and Conditions

 A.  CONTRACTOR’S RIGHTS AND RESPONSIBILITIES

1) RIGHT TO STOP WORK: Contractor shall have the right to stop work and keep the job idle if any interval payments are not made when invoiced and due. All invoices are payable upon presentation. Failure to make payment within five (5) days of the date that an Interval Payment invoice is due will be considered a material breach of this Contract, unless, pursuant to Paragraph 2.a of this Contract, the Buyer has notified Contractor, in writing, of Buyer’s objection to the Interval Payment invoice. If the work is stopped for any reason, including, but not limited to the Buyer and Contractor being unable to agree on any necessary Extra Work, as defined herein, for a period of thirty (30) days, then Contractor may, at Contractor’s option, upon five (5) days written notice, demand and receive payment for all work executed and material ordered or supplied and any other loss sustained including Contractor’s usual fee for overhead and profit based upon the Contract Price. Buyer agrees that such work stoppage shall not constitute grounds for a breach of contract action being brought against the Contractor. Before resuming any work because of lack of payment, the Contractor may, at Contractor’s option upon five (5) da ys written notice, demand the full amount of the Contract Price which shall be due and payable upon demand. Buyer shall be responsible for interest due at the rate of 1.5% per month on the unpaid balance due under this Contract and reasonable costs, expenses, and attorney’s fees incurred to collect the unpaid balance due. Thereafter, Contractor is relieved from any further liability. In the event of work stoppage for any reason, Buyer shall provide for protection of and be responsible for, any damage, destruction, warpage, racking, or loss of material on the property.

2.) Contractor, at Contractor’s option, may alter specifications so as to comply with requirements of governmental agencies having jurisdiction over same. Any alterations undertaken to further this end shall not be treated as an amendment or as Extra Work, as set forth hereunder.

B. CONTRACTOR’S RESPONSIBILITIES AND LIMITED WARRANTY

1.) Contractor agrees to furnish the materials for the project and complete the work in a professional manner. Contractor makes no warranty, express or implied, as to the equipment or materials used. Contractor warrants its installation (if applicable) to be free from defects in workmanship for one (1) year from final completion of such work. Contractor shall repair defects occurring within the warranty period without cost to Buyer(s), provided Buyer(s) has complied in full with the payment terms and other conditions of this Contract, and has, within the warranty period, notified the Contractor in writing of such defects. All materials furnished under this Contract shall be construction grade and meet industry standards. Where brand name products have been specified, Contractor may select substitutes when such substitutions are due to product unavailability or other circumstances beyond Contractor’s control. All substitutions shall be consistent in quality and character to the selections previously specified. The liability of the Contractor for defective materials or installation is hereby limited to the replacement or correction of said defective material and/or installation, and no other claims, or demands whatsoever shall be made upon or allowed against the Contractor.

THIS LIMITED WARRANTY EXTENDS ONLY TO THE ORIGINAL BUYER AND IS NOT TRANSFERABLE. THERE IS NO IMPLIED WARRANTY FOR MERCHANTABILITY NOR ANY IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR USE. THERE ARE NO WARRANTIES EITHER EXPRESS OR IMPLIED WHICH EXTEND BEYOND THE DESCRIPTION WITHIN THIS PARAGRAPH #B1. THIS LIMITED WARRANTY SHALL TERMINATE ONE YEAR FROM THE FINAL INSPECTION, IF REQUIRED BY LAW, OR THE DATE OF THE COMPLETION, WHICHEVER IS FIRST.

 Damage due to Buyer neglect or improper maintenance is specifically excluded from warranty. Contractor shall not be responsible for chemical damage in the event of any chemical drainage or leakage.

 The Buyer acknowledges this limited warranty as set forth in this Paragraph #B1 and his/her agreement to this Contract term by signing the Agreement.

NOTE THAT EQUIPMENT, ASSEMBLIES, OR UNITS PURCHASED BY CONTRACTOR, INCLUDED IN THIS CONTRACT ARE SOLD AND INSTALLED SUBJECT TO THE MANUFACTURER’S OR PROCESSOR’S GUARANTEE, WARRANTIES, OR LIMITED WARRANTIES, AND NOT CONTRACTOR’S GUARANTEE, WARRANTY, OR LIMITED WARRANTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES GIVEN BY MANUFACTURERS PERTAINING TO MATERIALS USED BY CONTRACTOR IN CONNECTION WITH THIS CONTRACT WILL BE PASSED THROUGH AND INURE TO THE BENEFIT OF THE ORIGINAL BUYER UNDER THIS AGREEMENT AND SHALL BECOME EFFECTIVE UPON CONTRACTOR BEING PAID IN FULL BY BUYER. CONTRACTOR MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED REGARDING ANY AND/OR ALL GUARANTIES, WARRANTIES OR LIMITED WARRANTIES MADE BY ANY MANUFACTURER OF ANY MATERIALS USED BY CONTRACTOR IN CONNECTION WITH THIS CONTRACT.

 

2.) OTHER WARRANTY EXCLUSIONS: Pools and their equipment are not warranted by the manufacturer for problems related to or caused by the misuse of chemicals, faulty chemical applications, the existence of salt or other chemical based water softening systems used in or attached to the pools water supply, including but not limited to wrinkling or fading due to pH or chlorine imbalance or damage. Furthermore, vinyl pool liners are not warranted by the manufacturer for problems related to or caused by environmental issues including but not limited to hydrostatic damage (“floating”), bubbles or rises causing wrinkles, shifting, tearing, creasing, or any staining such as staining originating underneath the liner, or stains referred to as “black mold.”

a. Use of chemicals or anti-freeze for pool plumbing winterization other than those chemicals or anti-freeze recommended by Contractor will void any warranty on pool plumbing.

b. Contractor does not warrant the following: eyeball fittings, skimmer weir, lid and basket, rubber gaskets or O-rings, light bulbs, remote control batteries, deck drain, control joints, concrete sub-base, deck lids cartridge elements, filter media, debris canister basket, Kool deck cracks, natural product degradation due to aging or damaged by Buyer’s negligence. This list of non- warranted items is not exhaustive.

c. Contractor will repair or replace any part of the decking that does not adhere to the BAGI standards within the period of our workmanship warranty. Contractor must be notified in writing before any warranty expires. In case of partial deck replacement for any reason the newly poured concrete will not match the existing concrete in color and/or finish and Contractor will not be held liable to replace the whole deck or resurface deck for this reason.

d. Defects and failures resulting to the pool from mistreatment, neglect, improper maintenance, incorrect use of chemicals, emptying the pool totally or partially without first consulting Contractor, damages caused by physical abuse, animals, trees, unstable slopes, earth movement, introduction of excess moisture into the ground, freezing, underground mold, petroleum products, and by any other acts of human agency or natural elements are excluded from any guarantees and warranties. If certain conditions exist that do not show during normal excavations (i.e. pitmoss, garbage fill, etc.), Contractor will not be responsible for future settling or damage caused by such condition.

3.) Contractor shall carry Worker’s Compensation Insurance for the protection of Contractor’s employees during the progress of the work.

4.) Contractor warrants that the installation or construction will comply with all current applicable local building codes and regulations.

5.) REPAIR/REPLACEMENT OF CONTRACTOR WARRANTED PRODUCTS: Contractor may, but is not required to, repair or replace equipment, assemblies, or units purchased from a manufacturer and used for this Contract. Any such repair or replacement undertaken by Contractor will be in accordance with the manufacturer’s guarantee, warranty, or limited warranty. Contractor will not upgrade nor be responsible for matching color or brand of equipment/product. However, Buyer is not prohibited from requesting product/equipment upgrades. In the event that replacement equipment or product parts or items are not available, or for any reason that the Contractor may deem necessary, Contractor reserves the right to substitute equipment or product parts or items without notice to the Buyer.

C. ITEMS NOT RESPONSIBILITY OF CONTRACTOR

1.) EXISTING VIOLATIONS AND CONDITONS: Contractor shall not be held responsible for any existing violations of applicable building regulations or ordinances, whether cited by the appropriate authority or not. Contractor shall not be responsible for any abnormal or unusual preexisting conditions or any unusual or abnormal concrete footings, foundations, retaining walls, or piers required, or any unusual depth required for same, such as, but not limited to conditions caused by poor soil, lack of compaction, hillside, subsidence or other slope conditions. Correction of such violations or abnormal conditions by Contractor shall be considered Extra Work and shall be dealt with as hereunder provided for in the paragraph “Extra Work”.

2.) Contractor agrees to start and diligently pursue work through to completion, but shall not be responsible for delays for any of the following reasons: failure of the issuance of all necessary building permits within a reasonable length of time, funding of loans, disbursement of funds into funding control or escrow accounts, acts of negligence or omission of Buyer or Buyer’s employees, or Buyer’s agents, acts of God, strikes, weather conditions, inability to obtain delivery of goods or material, or other causes or conditions.

3.) Contractor shall not be responsible for damage to any part of the swimming pool structure or unit, resulting from vandalism, theft, natural causes or an act of God, including, but not limited to, earthquakes, ground swells, inundations, ground and/or hillside motions, subsidence, landslides or any natural or accidental causes or perils resulting from storms, floods, wars or riots, nor is the Contractor liable for damages caused by surface water collection or drainage around the pool or underground water drainage, or damage from any other cause(s) other than the gross negligence of the Contractor.

4.) Contractor shall not be responsible for matching existing paint or textures. Nor is Contractor responsible for matching existing concrete around pool or adjacent patios or for surface drainage flow due to existing patios that are contiguous with pool area.

5.) Contractor shall not be responsible for damage to existing driveways, lawns, shrubs, flowers, trees, or other property caused as a result of this pool installation/construction, unless otherwise agreed to in writing by the parties.

6.) RETAINING WALL ISSUES: Contractor and Buyer agree that if a problem develops with an in-ground pool and/or other construction or work related to the installation of an in-ground pool which Contractor or Buyer reasonably believes is caused by or contributed to by a retaining wall or other work (“Other Work”) performed by any person or entity other than by Contractor, that a civil engineer acceptable to both parties will be retained to inspect Buyer’s property and issue a report regarding the retaining wall or Other Work indicating whether the problem was caused by or contributed to by such retaining wall or to the Other Work. In the event that the civil engineer determines that the problem is caused by or contributed to by the retaining wall or Other Work, Buyer shall, and hereby agrees, to bear the cost of the civil engineer’s fees as well as the cost of the necessary repairs to the retaining wall or to the Other Work and to the problem thereby caused to the in-ground pool or caused to any other part of the Contractor’s construction or installation. In the event that the civil engineer determines that the problem was not caused by or contributed to by the retaining wall or by the Other Work, Contractor shall bear the cost of the civil engineer’s fee and the cost of necessary repairs.

D) REPRESENTATIONS, DUTIES AND OBLIGATIONS OF BUYER

1.) OWNER’S PROPERTY and BOUNDARY LINES: Buyer represents it is the fee owner or one of the fee owners of record of the property where construction or installation is to occur. It is the Buyer’s duty to point out boundary lines of the property, and Buyer is responsible for the accuracy of such lines and how they are represented on drawings. If required, Buyer will pay for a survey to chart boundary lines. Buyer will be responsible for ensuring that the pool site shall be clear of easements, setback restrictions or encroachments, and the Buyer shall hold and save harmless the Contractor from any liability to owner or third party from such construction extending beyond said property lines or from any encroachments, including reasonable costs, expenses and attorney fees for defending any such action.

2.) ASBESTOS/HAZARDOUS MATERIALS: Buyer represents that the property upon which or within which installation will take place does not contain asbestos and/or other hazardous materials. This Contract does not contemplate the removal of, testing for appropriate corrective work and/or any other additional expenses incurred by the corrective work.

3.) ATTRACTIVE NUISANCE INDEMNIFICATION: Buyer shall indemnify and hold Contractor harmless from any and all litigation, judgments, costs, expenses and attorney fees whatsoever arising on account of the Buyer or a third party filing of an Attractive Nuisance claim, demand or other legal proceeding, including but not limited to claims brought by an intruder, trespasser or any other third party which claim arises from the Buyer’s failure to fulfill Buyer’s responsibilities as set forth under this Contract.

4.) CONFORMITY WITH ZONING and LOCAL ORDINANCES: Buyer shall be responsible for ensuring that all work performed is in conformity with local zoning laws and regulations.

5.) ACCESS TO PROPERTY: Buyer shall be responsible for adequate access to the pool site, including, written permission for Contractor’s and any of Contractor’s subcontractor’s access if such access is across property of a third party as well as access on the Buyer’s property. Buyer hereby acknowledges that he/she shall not encumber or sell the property during pool construction. Buyer agrees to keep driveways and gates open, free and clear and available for movement and parking of trucks and other equipment during normal working hours. If Buyer denies access to any worker or material supplier during the scheduled working hours, the Buyer will be held in breach of the Contract and will be liable for such breach. The Contractor is not responsible for any damage or injury in our access area and/or construction zone. This includes: drives, walks, trees, irrigation lines, water lines, electric or phone poles, downspouts, curbs, landscaping, sewer/septic lines/tank, sod, and invisible fencing. While the Contractor will make every effort to minimize any disruption to these areas, by nature of the work being done there is, of necessity, some damage is to be expected to the items and areas listed above.

6.) UTILITIES: Buyer is responsible, at no cost to the Contractor, to provide for water, gas, sewer and electric utilities from the appropriate agency to the metering device, unless otherwise agreed to in writing by the parties; and, at the sole discretion of the Contractor, the provision of such utilities shall be, located within 100 feet of the pool site to allow Contractor to undertake the construction and/or installation work efficiently and to operate the pool. The provision of such utilities shall include but not limited to electric current supplied from Buyer’s existing electrical panel and water supplied by the Buyer from the waterline nearest the deep end of the pool. Buyer is responsible for providing Contractor with the underground locations of all utilities, sewer pipes, and perimeter drainage.

7.) SITE PREPARATION AND BUYER’S PROPERTY: Unless otherwise amended by Change Order, Buyer shall be responsible for pre-installation/construction site preparation, including but not limited to the following:

a.   drainage of the construction area due to hard rock formations, septic tanks, cesspools, sewage lines or underground pipes and the water that may be supplied to or by such septic tanks, cesspools, sewage lines or underground pipes;

b.   removal of underground and above ground pipes, pipelines, utility lines and/or cables other than what is stipulated as part of this contract

c.    restoration and landscaping of the property after the installation/construction other than what is stipulated as part of this contract

8.) FENCING: The Buyer is responsible for the cost and installation, as well as for making sure the fence and gates meet regulations. The Buyer is responsible to install all devices and structures (i.e. fences, alarms, signs, etc.) required by state, city, or county codes. Contractor will not be responsible for injuries caused as a result of trespassing to the pool area. The Buyer is responsible to keep people and animals from the pool site during construction.

9.) DRAWINGS AND SPECIFICATIONS: The project will be constructed according to any drawings and specifications that have been submitted to and examined by Buyer and that have been or may be signed by the parties to this Contract.

10.) ITEMS EXCLUDED: Unless specifically agreed upon in writing between Buyer and Contractor and made part of Page 1 of this Contract or under any “Description of Work,” “Description of Material,” “Specifications,” “Plans,” or “Change Orders,” that are made a part of this Contract and incorporated herein, this Contract does not include:

a.   Electrical service, other than addition of circuit breakers or fuse blocks to distribute electric current to new outlets;

b.   Any work which may be required regarding cesspools or septic tanks;

c.    Rerouting, relocating or replacing vents, pipes, ducts or conduits not shown or those encountered during installation/construction or changes required to existing wiring, vents, pipes, ducts or conduits in areas undisturbed by installation/construction. Unless specified elsewhere, existing wiring and electrical systems are represented by the Buyer as adequate to carry load for existing structure and work to be performed thereon;

d.   Any additional work required as required by paragraphs 10

e.   Changes or alterations from the specifications which may be required by any public body, utility or inspector; and

f.    Preparation, grading, retaining walls, new or relocating gutters or downspouts, seeding or landscaping. Any work necessary to correct, change, alter or add the above items will be considered additional work and shall be dealt with as herein provided for under “EXTRA WORK.”

E. MISCELLANEOUS TERMS AND CONDITIONS

1.) NOTICE: Any notice required or permitted under this Contract may be given by ordinary mail sent to the address of either the Buyer or Contractor as listed in this Contract, but the address may be changed by written notice from one party to the other. Notice is considered received five (5) days after deposited in the mail, postage paid.

2.) CONDITIONS OF BREACH: In addition to any other cause of breach set for above, in the event Buyer fails to perform its obligations under the terms of the Contract or prevents the performance of this Contract, he/she shall be in breach of this Contract and thereupon be liable to the Contractor, and Contractor may, at Contractor’s option, upon five (5) days written notice, demand and receive payment for all work executed, including but not limited to material ordered or supplied, out-of-pocket expenses incurred, subcontractor fees, sales representative commissions and payments incurred and any other loss sustained due to the Contractor’s reliance upon this Contract including Contractor’s usual fee.

3.) RESERVATION OF RIGHT TO CANCEL: Contractor reserves the right to cancel this Contract if Contractor or its employees or agents, in its sole discretion, does not approve of the pool site or elevation as selected by the Buyer or Buyer’s architect/engineer.

4.) CANCELLATION BY BUYER AFTER RECISSION PERIOD: If Buyer cancels this contract after the Recission Period and prior to the actual commencement of the excavation, Buyer agrees all expenses incurred by Contractor, including but not limited to expenses associated with materials ordered or supplied, out-of-pocket expenses incurred subcontractor fees, sales representative commissions and payments incurred and any other loss sustained due to the Contractor’s reliance upon this Contract including Contractor’s usual fee.

5.) CONTRACTOR’S LIMITED LIABILITY: Contractor shall not be liable for any incidental, consequential or special damages of any kind under this Contract. This limitation of liability shall apply to any claim presented to Contractor by Buyer regardless of the legal theory forming the basis of such claim, including but not limited to, theories of negligence, product liability or contractual liability. In no event shall Contractor’s liability under this Contract be greater than and shall be limited to an amount not to exceed the Contract Price.

6.) DISPUTE SETTLEMENT and ATTORNEY FEES: Buyer and Contractor agree that in the event of any litigation, mediation or arbitration between Buyer and Contractor arising out of this Contract, the prevailing party shall be entitled to recover from the non-prevailing party reasonable costs, expenses, and attorney’s fees incurred by the prevailing party.

7.) INUREMENT OF RIGHTS: Nothing in this Contract shall be construed as creating any rights or entitlement that inure to the benefit of any person or entity not a party to this Contract.

8.) GOVERNING LAW AND VENUE: This Contract, its validity, interpretation and all transactions contemplated thereby shall be governed, construed and enforced in accordance with the laws of the State of Indiana, and shall be treated in all respects as a State of Indiana contract, without regard to any state’s laws related to choice or conflict of laws. Furthermore, in the event of litigation, each party hereby irrevocably submits to the personal jurisdiction of the State Courts located in Hamilton County, Indiana, Clinton County, or the Federal Court of the Southern District of Indiana located in Indianapolis, Indiana, in any action or proceeding arising out of, or relating to, this Contract, and its enforcement, and agrees that all claims in respect of any such action or proceeding may be heard and determined in either such court. The parties hereby irrevocably consent to the service of any summons or complaint, and any other process that may be served in such actions brought in such courts by the mailing by certified or registered mail, of copies of such process to the party to be served at the address as set forth on Page One, or by personal service by any adult or as may be directed by the Court in which such proceedings were filed. The parties hereby irrevocably waive any objection on the ground that any such action or proceeding in either of such Courts has been brought in an inconvenient forum.

9.) BINDING EFFECT: This Contract is binding upon, and inures to the benefit of, Contractor and Buyer, their successors, assigns, heirs and personal representatives, as the case may be.

10.) ENTIRE AGREEMENT: This Contract constitutes the entire agreement of Contractor and Buyer and supersedes all previous agreements, written or oral, between Contractor and Buyer. No statement, promise or inducement made by Contractor, or any agent of Contractor, either written or oral, which is not provided for in this Contract, is binding upon Contractor.

 

Permits (if required)

It can take up to 3 weeks for a permit to be issued, once submitted. It is the homeowner’s responsibility to have an approved final design with Timber Ridge Pools within 4 weeks of our anticipated project date if a permit is required. Applications for homeowner’s pool project are not submitted until homeowner gives final approval. Any changes, after homeowner’s permit has been applied for will restart the 3-4 week timeframe for permitting. If homeowner does not adhere to the timeframe stated above, homeowner understands that the project date will be delayed.

 

HOA Submission (if required)

If you live in an area with a Homeowners Association, it will be required to obtain approval for your pool project. Many HOA’s require filling out an “Architectural Improvement” form as well as provide a plan of the proposed project. It will be the responsibility of the Homeowner to submit all the requirements to the HOA for approval.

 

Once a design is approved by you, Timber Ridge Pools will provide you with a copy of the plot plan and any other drawings necessary to submit to your HOA. Timber Ridge Pools will not schedule your pre-construction meeting until the HOA approval is forwarded to your design consultant. Once this approval, if necessary, is received, we will proceed with a pre-construction meeting and scheduling of your job.

 

Social Media and Digital Image Release

I grant to Timber Ridge Pools, its representatives and employees the right to take photographs of me and my property in connection with the Swimming Pool Construction Project. I authorize Timber Ridge Pools, its assigns and transferees to copyright, use and publish the same in print and/or electronically.

 

I agree that Timber Ridge Pools may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, Web and Social content.

 

Project Timeline and Possible Delays

I understand a standard project timeline is 4-6 week from the day of the dig. I also understand that any additional work such as landscaping, hardscaping, and retaining walls can add to the standard project timeframe. In the event of rain during the project, expect 2-3 additional days of delays (per occurrence). Should seed and straw be required for the certificate of occupancy, I understand that Timber Ridge Pools is not responsible for this work unless otherwise stated on the purchase agreement.

 

Concrete Expectations

Timber Ridge Pools adheres to the BAGI standards as set forth in the purchase agreement between the homeowner and Timber Ridge Pools. BAGI is a membership trade association representing over 1200 member firms in central Indiana. These standards create a set of performance standards that builders and homeowners can use to communicate each others expectations regarding the building or remodeling of a project. Below are the BAGI standards for concrete which Timber Ridge Pools uses as performance guidelines.

 

The following are excerpts from the ‘BAGI Quality Assurance Builder Standards’ handbook.

 Section 4:

 EXTERIOR CONCRETE

Background

Concrete consists of a mixture of many natural materials: water, cement, sand, gravel, fly ash and other various admixtures. These materials are combined in many different ways according to the specific use of the finished concrete, regional requirements, and climate. Because it is a natural product, it is difficult to control how it will react to various conditions that are beyond the control of both the builder and the homeowner.

 Naturally occurring conditions affect concrete in numerous ways. Indiana is classified as a Severe Weather Region for concrete. NAHB defines a severe weather region as outdoor exposure in a cold climate where concrete may be exposed to the use of deicing salts or where there may be a continuous presence of moisture during frequent cycles of freezing and thawing. Exposure to severe weather can damage pavements, driveways, walks, curbs, steps, porches, and slabs in unheated garages. Destructive action from deicing salts may occur whether from direct application or from being carried onto an unsalted area from a salted area, such as on the undercarriage of a car traveling onto an unsalted area from a salted area. Concrete expands and contracts with temperature changes. This is especially a concern during the first year after concrete has been poured, because it still retains a lot of water.

 Another characteristic of concrete that is difficult to control is color variations. Concrete itself can have varying colors due to the different types of sand and aggregates used in the mixture. Color variations can also be caused by admixtures such as calcium chloride, (the most commonly used admixture to accelerate the curing process of concrete and to reduce the effects of freezing). If concrete is poured on different days, and the previously poured concrete has had to time to cure a bit, color differences will be apparent. Different brands and types of concrete may contain many varieties of sand, cement, admixtures, and aggregate that will result in color variations in the finished concrete. When repairs are made, the concrete used as a filler must be extremely dry to prevent shrinkage. This almost always results in a repair patch that is darker in color than the existing concrete. Because of the previous explanations for color variations, it is to be expected that whenever a repair is made, it is nearly impossible to match the colors of concrete.

 Because the curing of concrete is a chemical process and can take up to one year to complete. Changes in size and strength are to be expected. It is very difficult to control the effects of water evaporation, air bubbles within the concrete, air humidity, and wind. Some chemical processes are controllable and are the responsibility of the homeowner. Pitting, spalling, or scaling can occur when salt or other deicers are applied directly to the surface of the concrete or when they are indirectly deposited on the surface by tires or feet. These substances cause rapid deterioration of the surface by both chemically attacking the concrete and by drawing moisture near or within the surface and promoting expansion and contraction of the concrete during the freeze-thaw cycle. Other chemicals, such as lawn fertilizer, can also chemically attack the surface of the concrete, resulting in spalling, scaling, and pitting. Until concrete has cured, it can not withstand extreme weight such as moving vans, school buses, or garbage trucks. It is especially important to limit the amount of weight that is placed upon concrete during the first year because it needs sufficient time to cure and gain strength.

 STOOPS OR STEPS HAVE SETTLED

4.1 Observation: Stoops or steps have settled or separated from the house structure.

 Standard: Stoops and steps should not settle or separate in excess of 1 inch from the house.

 Builder’s Responsibility: The builder will correct to meet the standard.

 WATER REMAINS ON STOOPS OR STEPS

4.2 Observation: Water remains on stoops or steps after rain has stopped.

 Standard: Water should drain off outdoor stoops and steps. Minor amounts of water can be expected to remain

on stoops and steps for up to 24 hours after rain.

 Builder’s Responsibility: The builder will take corrective action to assure proper drainage of stoops and steps.

 CONCRETE DRIVEWAY

4.3 Observation: Low spots in driveways in which water pockets appear, not caused by conditions stated in the back ground.

Standard: No measurable water depth exceeding ½ inch is acceptable on concrete driveways.

Builder’s Responsibility: The builder will correct to meet the standard by replacing areas as needed. Color and texture variations are to be expected.

 CRACKS IN EXTERIOR CONCRETE 

           

4.4 Observation: Exterior concrete – sidewalks, porches, patios, driveways, etc. – are cracked.

Standard: Some random cracking of exterior concrete will occur and is to be expected. If settling causes cracks that exceed 1/4 inch width or 3/16 inch in vertical displacement, it is considered excessive.

Builder’s Responsibility: The builder is responsible for correcting only those cracks that exceed the standard. An appropriate joint or crack filler can be used and is acceptable for a crack up to 1/2 inch in width or vertical displacement.

Homeowner’s Responsibility: For aesthetic purposes, smaller cracks may be filled with a waterproof concrete caulk. While this may reduce the appearance of the crack, it should be noted that there will be a color and texture variance between the original concrete and the caulking.

Discussion: Driveways, patios, and sidewalks should have expansion and contraction joints which help to control surface cracking. Expansion and contraction joints are defined as the lines that are cut or formed between slabs of concrete in a straight and continuous pattern with the intention of creating a location for the concrete to expand, contract, and crack in such a manner that cracks do not form across a slab.

 SPALLING, SCALING, OR PITTING FROM POP-OUTS IN EXTERIOR CONCRETE

4.5 Observation: Exterior concrete surfaces are spalling, scaling, and pitting from pop outs exposing aggregates.

Standard: Under normal conditions of weathering and use, exterior concrete surfaces should not disintegrate; however, minor spalling, scaling, and pitting from pop outs should be expected.

Builder’s Responsibility: If concrete surfaces have spalled, scaled, or pitted under normal weathering and use, the builder will take corrective action as necessary to meet the standards. The builder is not responsible for damage that is the result of spalling, scaling, or pitting caused by salt, chemicals, mechanical implements, or other factors beyond the builder’s control.

Homeowner’s Responsibility: The homeowner should take precautions to reduce to eliminate the exposure of exterior concrete to salt, chemicals, mechanical implements, and other factors which could damage the concrete surface.

 STAINS ON EXTERIOR CONCRETE

4.6 Observation: Exterior concrete is stained.

Standard: Exterior concrete will stain.

Builder’s Responsibility: None.

Homeowner’s Responsibility: The homeowner should take precautions to prevent petroleum- based products, solvents, and paint from coming in contact with exterior concrete surfaces. By keeping stain remover on hand, many stains can be made less visible if treated immediately. (It should be noted, however, that these products may also weaken the surface of concrete.)

Discussion: Concrete is a porous, natural product that absorbs such substances as petroleum- based products, solvents, and paints. When a liquid enters concrete, it can seep from top to bottom or bottom to top (a stain may appear from underneath the surface, even if nothing was spilled upon the top surface of the concrete). It should also be expected that mud from the construction site could get into the porous surface of the concrete. This is beyond the control of the builder and falls within the parameters of this standard.

 

Additionally, Timber Ridge Pools has set forth additional expectations that are tied to the contract which are detailed below for further explanation.

 1.Colored or stained concrete will vary in color as compared to samples or other concrete with same color and pours. No two concrete pours are the same, and color variations are to be expected. It may take up to 60 days for colored concrete to cure evenly. Timber Ridge Pools is not responsible for color variations.

2.Stamped and textured-skin concrete will have variations in color and texture throughout the surfaces poured. No two pours are the same, and color variations are to be expected. Additionally, there will be texture variations with the stamped areas. The surface will be slick given the nature of the sealer and texture of these types of concrete decks. As with any heat-sensitive material, darker colored concrete will retain heat creating warm to hot surface conditions. It is the homeowner’s responsibility to seal the concrete, as needed, for maintenance.

 3. Cracking is normal and expected through out the curing process and beyond. Cracking may occur next to a control joint, saw cut joint, or middle of a slab, all of which Timber Ridge Pools will remedy as prescribed by BAGI standards. It is the homeowner’s responsibility to seal the concrete, as needed, for maintenance.

 4.If any structures, not limited to but including retaining walls, irrigation systems, and down spouts, are installed on or around the pool, Timber Ridge Pools is not liable for settling, cracking or any issue concerning the structural integrity or placement of the concrete on the pool deck.

 5.It is to be expected that the finishing (brooming) of the concrete will have variations in finish and texture due to numerous variables outside the control of Timber Ridge Pools. Expect that some areas of the pool deck can/will have a heavier broom finish than other areas.

By signing the Pool Construction Agreement homeowner agrees to and will adhere to the declarations and remedies prescribed above. If a third party is needed to reach a resolution, it will be at the homeowner’s expense until the resolution is deemed that Timber Ridge Pools or its representatives are at fault.