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| The swimming pool
industry wants you to know as much as you
can about your purchase before you sign any
contract. We want you to be delighted with
your pool - now and in the years to come and
it all starts with the selections you are
about to make.
We hope this brochure gives you guidance and
information you can use to make the best decision
possible. We wish you many years of healthy enjoyment
in your new swimming pool.
The Association
of Pool and Spa Professionals (APSP)
is the international trade association for
the swimming pool and spa/hot tub industry.
With more than 5,000 members across the
U.S. and world, APSP represents all facets
of the industry, including manufactures,
retailers, and supply firms in addition
to builders.
When choosing a pool builder, you should look
for the
ASPA
logo.
ASPA
members adhere to stringent
business ethics and have access to nationally
recognized construction standards.
Armed with the knowledge of what
ASPA
is and
the benefits to you of choosing a builder who
is a
ASPA
member, we suggest interviewing prospective
builders, asking them a series of questions to
determine their technical knowledge and ability,
their business stability and experience, their
professional reputation and credibility, and
their commitment to customer satisfaction.
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| Following
is a list of 15 questions that will help you
make the best choice. |
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| 1. Where
is the pool builder's place of business? |
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| A pool builder's
mobility is often a key factor in establishing whether
or not he is reputable. So, you should do some investigative
research. For example, if he lives in a van or RV,
he can leave in a blink of an eye with your money.
A builder with this kind of maximum mobility can
be a bad choice. Common sense dictates that a builder
operating his business from a motel apartment is
also a potential risk. Either a too mobile and probably
have no credibility to guarantee their product.
Look for a pool builder who has a long-term
lease for office space in a commercial building
or owns his own property. Also, check if
he owns his own home. A pool builder with
strong ties to the community isn't mobile.
An established builder can not get out of
town quickly and does not intend to do so.
He may also have financial resources to
take care of things if there is a problem
with your pool that we not foreseen.
Your main reward for choosing a pool builder
who it "stable" and not "mobile"?
When you inquire as to when he is going to begin
construction (after paying 15% to 30% down) you
won't hear a seventeen word recording that has
stopped hearts all over the country: "I'm
sorry, that number is no longer in service and
there is no list for that company".
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| 2. Does the
pool builder have a showroom? |
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| A showroom gives
you an open forum to view the products the builder
offers before you sign a contract. This helps to
establish the company's credibility.
When you visit a pool builder's place of business
or showroom, it puts responsibility on him to
represent his products and craftsmanship fairly
and honestly. Obviously, maintaining a place
of business is more expensive than carrying around
a picture book of his "projects" but,
at the same time, reduces the mobility factor.
Pool builders who demonstrate what they can
do in their own place of business or showroom
show they are serious about maintaining good
quality work. That is not to say that a reputable
pool builder cannot demonstrate his craft and
workmanship in a less formal setting. For instance,
you can ask him to arrange a meeting at a home
where he has built a pool. This provides you
with a reference and an opportunity to talk directly
to a pool owner who has worked with him.
Remember: a customer-oriented pool builder is
more than two guys, a shovel, and a pick-up truck.
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| 3. How many
years has the pool builder been in business under
the PRESENT OWNER NAME? |
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| Bad pool builders
don't like this question, because it is too easy
to check out. But, check it out. The rule of thumb
is that if a pool builder has been in business less
than three years, forget it. Why risk your home and
your financial investment?
Be safe and only seek out a pool builder who
has been in business for a minimum of three years
(3 yrs.)
The more pools a professional builder has installed
during those years, the better for you - it's
called experience. It also provides you with
ample opportunity for references and establishes
a track record for you to research!
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| 4. How many
projects has the pool builder installed that qualify
his company to build your pool? |
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| This is just the
first attempt to ferret out the inexperienced, inept,
or blatantly dishonest pool builder. The important
thing to do is get NAMES, ADDRESSES, and PHONE NUMBERS
of those for whom they claim to have built pools
and check them out as references. This extra effort
will pay off when it comes time to make your choice.
A professional pool builder will be more than willing
to give you names you want and need. |
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| 5. Has the
pool builder, his partners, the owners, or officers
of the company gone out of business or declared
bankruptcy? |
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| This is an easy question
to answer. Those who have not will respond with resounding "NO".
Those who have won't tell you. You won't here from
them again. |
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| 6. What bank
does the pool builder do business with? |
| AS you may know,
the banking industry is in almost constant fluctuation.
The important thing is to find out the bank where
the pool builder currently does business, how long
with this bank, and the names of other banks where
he has had accounts since doing business. However,
take into account that a builder could have changed
banks due to changes in bank ownership or bank policies.
But, ask the question - it's another step to ensure
that you are protected. |
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| 7. Are checks
made payable to a business account or to a personal
account? |
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| When a company name
and the principal's name are the same, it can be
difficult to discern business bank accounts. However,
there are some telltale signs that will help establish
his credibility.
For example, if the pool builder's name is Johnny
Smith, is the check made out to "Johnny
Smith". Be wary if it is, since he could
go to your bank and cash the check and avoid
paying any state or federal income taxes. This
breaks the bylaws of the IRS and ultimately you
might be held accountable should they decide
to perform an audit.
If you write a check to a company that is incorporated
("Inc."), or has the principal's name
as part of the company name (e.g. "Johnny
Smith Pool Construction Co."),the bank has
to deposit the check into the pool builder's
checking account and it has to go onto his books.
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| 8. What insurance
company represents the pool builder for general
and personal liability? What are the limits? |
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| A pool builder may
show you a policy, but that does not mean it is in
force. You should request a "Certificate of
Insurance". In can only be sent out by the insurance
company and confirms their coverage. A professional
pool builder will provide you with a contact at the
insurance company to verify their policy.
The "Certificate of Insurance" sets
the parameters of the policy by detailing the
limits of it and the expiration date of the policy.
However, if the pool builder misses the monthly
premium payment, the policy will expire sooner.
The insurance company is supposed to notify the
policy holder if it expires.
Unfortunately, this is not always done and some
people, who think they have insurance, really
do not. The key thing to remember is when a pool
builder goes out of business, al of the pools
he has "half-built" are no longer insured!
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| 9. Are the
pool builder's subcontractors covered by general
liability insurance? |
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| A subcontractor is
someone who is not an employee of the pool builder.
He He could be a plumber, laborer, electrician, or
gunite shooter. A professional pool builder requires
that all subcontractors carry liability insurance
and they keep track of the insurance certificates.
If the certificate is not on file when he has his
yearly insurance audit, then he is required to pay
all of the uninsured subcontractors insurance premiums. |
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| 10. Will
the pool builder's insurance company send you a
certificate of insurance? |
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| They won't send you
a certificate unless you request it. It has to come
directly from the insurance company to you to be
valid. A professional pool builder will provide you
with a contact a the insurance company. A dishonest
pool builder who just shows you his copy could have
altered the dates of the policy. |
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| 11. Does
the pool builder belong to any trade or business
organizations? If so, which ones. |
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| If a pool builder
belongs to a trade association, this does not ensure
competency or trustworthyness, but, at the least,
shows that the pool builder has some kind of interest
in his own industry.
Even if the pool builder isn't active in the
organization, he stilll would receive information
on a regular basis about activities and programs
the association has for its members.
As indicated in the front of this brochure,
the primary organization for pool builders is
the
ASAP.
Although
ASAP
has incorporated a code of ethics
in its membership criteria, it has no authority
to intervene in disputes between a pool builder
and customer.
The only one who can protect your investment
is you, and you must never sign a contract until
you are 100% certain of the decision that you
are making. If you are not sure, and sign anyway,
you may loss a tremendous amount of capital and
have nothing to show for it.
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| 12. Have
the pool builder give you the names of at least
three suppliers with whom he has done business
for a minimum of three years. |
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| Another important
reference is from the suppliers that the builder
has used. Suppliers who get paid by a pool builder
will be more than happy to let you know it.
After they tell you, there's only one more precaution
to take: do business ONLY with someone who pays
his bills. If the pool builder doesn't pay the
suppliers bills, the homeowner gets taken again
(they probably paid the pool builder in advance
and he may have used the money elsewhere) since
suppliers can file liens against the property
where the materials were delivered.
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| 13. Will
the pool builder furnish lien waivers from vendors
and subcontractors to prove they have been paid? |
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| A lien waiver is
a receipt showing that a specific or unspecific amount
has been paid and that the vendor has no lien rights
against the home. A vendor or subcontractor can only
file liens against the residence they deliver to
or work on.
Unwary pool buyers can have liens filed against
their homes for sometimes thousands of dollars
more than they should have. When a bad pool builder
goes bankrupt, which he ultimately will, who
is held responsible (again)?
But when your pool is complete, you should have
compiled lien waivers from all vendors and subcontractors
to prove you don't have to pay them again. The
point is that a lien waiver is the only legal
insurance that you don't have to pay twice. A
professional pool builder will provide lien waivers
for all the materials used for your pool - no
questions asked.
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| 14. Will
the pool builder furnish a list of everyone who
has lien rights on your pool? |
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| YOU should know everyone
who is working on your pool. This way, you will know
who has lien rights.You should also know who's wandering
around your house at any given time. |
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| Conclusion |
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| Having a pool buil
can be an exciting time for you and your family.
We hope this booklet has provided you with useful
information to make the process an enjoyable and
easy experience. Some of the questioned are tough
and not every pool builder will achieve all of the
rigorous standards we have outlined for you. That
doesn't necessarily mean they are bad pool builders
or are unscrupulous. They may be excellent builders.
But it's going to take some work on your part to
do the research and the references and probe the
pool builder for all the information you need to
make the best decision for you and your family. |
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