Pool Construction Contract

2. Terms and Conditions

Limited Warranties

Staycation Creation LLC warrants all workmanship and materials to be free from defects for one (1) year from the date of plaster. The gunite shell is warranted to remain structurally sound for as long as the Buyer owns the pool. “Structurally sound” means the pool will retain water; if it fails to do so, Staycation Creation will repair the structure under warranty.

This warranty excludes coping, tile, decking, coloring, plaster, plumbing, electrical, filters, heaters, and accessories not part of the structural shell. Plaster and pebble/aggregate finishes are not warranted against discoloration, staining, chipping, or cracking caused by water chemistry, cleaning practices, or maintenance.

All pool equipment and accessories carry manufacturer warranties. Hayward equipment includes a 3-year manufacturer warranty and must be serviced through a certified Hayward Warranty Center. Work performed by third parties is not covered or warranted by Staycation Creation.

Warranty Claims:
Buyer must notify Staycation Creation LLC in writing within 15 days of discovering any defect or breach of warranty. Notices must be sent to:

Staycation Creation Pools & Outdoor Living
290 Hemlock Drive, Fairhope, AL 36532.

Warranty Conditions:

• Warranties are valid only if Buyer meets all payment and maintenance obligations.
• Coverage is void if the pool is not kept full, is damaged by water table movement, acts of God, or changes in property ownership without prior inspection.
• Staycation Creation LLC is not liable for incidental, consequential, or punitive damages.
• If excavation does not begin within 90 days of contract signing for reasons beyond either party’s control, either party may cancel this contract with written notice.

Warranty Summary

• Gunite Shell: Lifetime structural warranty; transferable once with inspection prior to ownership transfer.
• Tile & Coping: One (1) year warranty covering installation; materials not included.
• Decking: Concrete—no warranty. Paver, travertine, and flagstone decks—one (1) year warranty for settling only.
• Equipment (Hayward): Three (3) year manufacturer warranty through certified Hayward Warranty Center.
• Plaster Interior Finish: Standard plaster—one (1) year warranty. Pebble plaster—lifetime warranty with monthly chemical log maintenance.
• Pebble/Aggregate Interior Finish: At Staycation Creation Pools & Outdoor Living, we proudly offer PebbleTec® brand interior finishes, recognized as the industry standard for beauty and durability. PebbleTec provides a 5-year limited manufacturer’s warranty covering defects in materials and workmanship when installed by an authorized PebbleTec applicator and properly registered with the manufacturer. To give our customers additional peace of mind, Staycation Creation Pools & Outdoor Living extends this warranty to 30 years from the date of pool completion, under the following conditions:

1. 1. Proper Pool Care:
      The pool must be properly maintained according to PebbleTec’s recommended care guidelines, including maintaining balanced water chemistry and avoiding harsh or improper chemicals. Water must be professionally tested and recorded at least once per month during the first year of ownership, and records should be retained for verification in the event of a claim.

   2. Eligibility and Coverage:
      This extended warranty covers the structural integrity and surface adhesion of the interior finish. It does not cover normal wear and tear, chemical etching, staining, discoloration, scaling, or damage caused by neglect, misuse, improper maintenance, or environmental conditions beyond our control.

   3. Claim Evaluation:
      In the event of a warranty claim, Staycation Creation LLC reserves the right to inspect the pool, review maintenance records, and obtain professional water testing results to verify that proper care has been maintained.

      • If evidence shows improper care, neglect, or chemical imbalance contributed to the issue, the warranty may be limited or voided at our discretion.

      • If the issue is determined to be the result of product or workmanship failure, Staycation Creation LLC will coordinate necessary repairs in accordance with our extended coverage terms.

   4. Transferability:
      This warranty is transferable one time within the 30-year period, provided Staycation Creation LLC is notified in writing within 30 days of property transfer and a complimentary inspection is performed to verify condition at the time of sale.

PebbleTec’s 5-year warranty is the foundation — our 30-year extended coverage is your peace of mind. When you take care of your pool, we’ll take care of the rest.” 

Disclaimer

This limited warranty replaces all other express or implied warranties. Staycation Creation LLC disclaims any implied warranty of merchantability or fitness for a particular purpose. Buyer’s sole and exclusive remedy is repair or replacement at Staycation Creation’s discretion.

3. Contracts and Specifications

This agreement represents the entire contract between the parties. No verbal statements or outside agreements are binding. All changes or additional work must be approved in writing through a signed change order detailing the scope and cost. The total contract price and payment schedule will adjust accordingly, and all original terms and conditions will remain in effect.

4. Responsibilities of Builder

Staycation Creation LLC is not liable for delays or failures due to acts of God, weather, labor issues, government restrictions, or Buyer-related delays.
The Builder is not responsible for damage to curbs, sidewalks, lawns, irrigation, or access routes during construction. Pool dimensions are approximate. Depth or layout may be adjusted if subsurface conditions (e.g., rock, sand, or groundwater) prevent planned excavation.

5. Responsibilities of Buyer

Buyer must ensure adequate property access and obtain any required HOA approvals prior to construction. Staycation Creation LLC will handle all necessary permits and variances as required by local jurisdictions. Buyer remains responsible for grading, drainage, landscaping, irrigation repairs, and fencing unless otherwise specified in the contract. Payments are due according to the milestone schedule, regardless of pending repairs or minor adjustments. If construction is delayed by Buyer beyond 30 days, the Buyer is responsible for any resulting increases in labor or material costs.

6. Representations of Buyer

Unless otherwise stated in this contract’s plans and specifications, Staycation Creation LLC enters this agreement based on the following representations by the Buyer:

• Buyer will provide adequate property access (or through adjacent property, if applicable) for normal construction equipment at no cost or liability to Staycation Creation LLC.
• Soil at and around the pool site is properly compacted and has sufficient load-bearing capacity to support the pool structure without additional engineering, testing, or soil support unless specifically included in this contract.
• Soil and water conditions at the site are stable and suitable for standard pool construction and operation without extraordinary expense.
• No existing or planned adjacent structures will impose additional loads requiring extra engineering.
• The pool site is free of rock, hardpan, groundwater, boulders, septic systems, utility lines, or other underground obstructions that would require blasting, jackhammering, or larger-than-normal excavation equipment. Normal excavation time is eight (8) hours within the pool site.

If any of these representations are untrue, Staycation Creation LLC may terminate the contract with no further obligations other than payment for labor, materials, equipment, and permits provided. Both parties may mutually agree in writing to amend this contract to address such conditions.

7. Pool Site

The term "pool site" means the area comprising the water surface area and that portion of the ground surface extending to not more than four (4) feet (or to a distance required by local code for minimum decking) from the perimeter of the pool water surface.

8. Grading, Decking, Dewatering, Drainage, Retaining Walls and Fencing

Unless otherwise specified in this contract, Staycation Creation LLC is not responsible for grading or drainage beyond the pool site, decking, retaining walls, or fencing.

If dewatering is required during construction, a flat fee of $1,700 will apply. If additional retaining walls are needed beyond the contracted scope, the Buyer agrees to an additional cost of $50 per linear foot.

9. Plumbing and Utilities

Unless otherwise specified in the contract or plans, Staycation Creation LLC is not responsible for modifying, relocating, or replacing existing plumbing, gas, waste, or water lines. All labor, materials, and equipment required to reroute or replace sanitation or utility systems—including overhead and underground lines—are the Buyer’s responsibility.

10. Electrical Service

Unless specifically included in the contract, electrical work is limited to adding circuit breakers or a fuse block to power new outlets. Modifications to existing wiring or service panels are not included. All panel upgrades are the Buyer’s responsibility.

11. Damage to Work

If work already completed is damaged by causes beyond Staycation Creation LLC’s control and a public authority orders the project terminated, the Builder shall be compensated for all completed work—or, if not otherwise agreed, the actual cost of labor and materials plus 20%.

If the project continues, any work required to replace damaged portions will be treated as additional work and billed accordingly.

12. Assignments in Sub-Contracts

Staycation Creation LLC may assign or subcontract any portion of the work without the Buyer’s prior consent. All subcontracted work remains covered under Staycation Creation LLC’s warranty.

13. Default

If either the Buyer or Staycation Creation LLC defaults or breaches any provision of this contract, the defaulting party shall compensate the other for all work completed, profit on unperformed work, and all collection costs, including reasonable attorneys’ fees, expert fees, and interest from the date of default.

14. Arbitration

Except for non-payment claims against the Buyer, any dispute or claim arising from this agreement shall be resolved through binding arbitration under the rules of the American Arbitration Association. The arbitrator’s decision may be entered as a judgment in any court with proper jurisdiction.

15. Legal Construction

If any provision of this contract is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect as though the invalid portion had never been included.

16. Acknowledgement Pursuant to Magnuson-Moss Federal Warrranty Act

The Buyer acknowledges that Staycation Creation LLC has complied with the Magnuson-Moss Federal Warranty Act and related FTC regulations by clearly disclosing all written warranties for warranted products and providing the Buyer the opportunity to review them before purchase.

 

By signing below, both parties acknowledge that they have read and agreed to all terms and conditions of this contract.

Client Signature:

Date: 1/16/2026

Pre-Pool Build: What to Expect

At Staycation Creation, we’re committed to delivering a smooth, transparent, and stress-free pool construction experience. Please review the key items below to ensure you're fully prepared before we begin your pool project:

• Design & Contract: Your pool design and contract must be finalized and signed before scheduling your project and making selections.
• Utility Line Locates: We will contact 811 to mark public underground utilities on your property. Private utility lines (e.g., septic, irrigation, drainage) must be disclosed by the homeowner.
• Equipment Location: The equipment pad location must be confirmed prior to excavation. Ensure there is clear access for installation and long-term service.
• HOA Approval: If your property is part of an HOA, the homeowner is responsible for securing all required approvals.
• Permitting: We handle all necessary permits and local jurisdiction approvals on your behalf.
• Plaster Start-Up Service: Your quote includes a 30-day plaster care service. You may decline this and opt to manage it yourself (instructions included). If you decline our service but do not intend to perform it yourself, please begin arranging professional pool maintenance in advance.
• Weather Delays: We monitor weather daily and will reschedule as needed. If it rains on plaster day, we’ll tent the pool and proceed to avoid delays.
• Sump Pump (if needed): If groundwater is encountered during excavation, a sump pump will be required. Additional Charge: $1,500
• Gas Hook-Up: Homeowner is responsible for coordinating and completing gas line connections to pool equipment (e.g., heater).
• Irrigation Systems: Any irrigation lines encountered will be capped. Restoration or rerouting of irrigation is the homeowner’s responsibility.
• Sod & Lawn Areas: We will complete rough grading only around the pool area. Final sod, landscaping, or lawn restoration is the homeowner’s responsibility unless otherwise stated in the contract.

Buyer / Homeowner (Initials)

During Pool Build: What to Expect

Here’s what to expect once construction begins:

• Presence Required on Dig Day: A homeowner must be on-site the day excavation begins to ensure the layout is exactly what is expected.
• Build Duration: Estimated 4–8 weeks (weather dependent). Please note that workers will not be on-site every day.
• Site Access: Agreed-upon access must remain clear for equipment throughout the project.
• Construction Mess: Expect noise, dust, equipment, and a temporary construction zone.
• Work Notifications: We notify you of which days crews will be on-site. Specific timeframes are not guaranteed.
• Progress-Based Payments: Payments are due according to milestones outlined in your contract.
• Irrigation Note: Any irrigation lines in the pool area will be destroyed. Restoration is not included.
• Sod Restoration: Final grade will be completed. Sod repair is the homeowner’s responsibility unless added to the contract.
• Gas Hook-Ups: Homeowner must arrange their own licensed plumber for spa or heater connections. Recommendations available upon request.
• Water Usage: Filling the pool will result in a higher-than-normal water bill. You may contact your water utility for potential bill adjustment options.

Buyer / Homeowner (Initials)

Post - Pool Build

• Pool School & Equipment Handoff – This will be handled by Jubilee Pools and Patio. They will provide training and deliver all equipment before handing over the pool.
• Initial Pool Care – You will receive instructions for proper post-build care and plaster maintenance. This is extremely important. We highly recommend adding this service to your contract.
• No Swimming – Please avoid swimming for the first 30 days while plaster cures.
• Adjustment Period – Allow up to 30 days to fine-tune equipment and water chemistry to ideal levels. 

By signing below, you acknowledge that you have reviewed and understand the above information and responsibilities as part of the Staycation Creation pool build process.

Client Signature: 

Date: 1/16/2026

• Plaster continues to harden and chemically cure for about 28–30 days after application.
• During this time, it’s extremely sensitive to water chemistry, brushing, and environmental factors.
• Improper care can lead to surface issues like streaking, mottling, or roughness.

2. Protecting the Finish

• Proper brushing removes plaster dust and ensures a smooth, even surface.
• If dust is left to settle, it can harden unevenly or cause discoloration.

3. Water Chemistry Balance

• The water must be carefully balanced (pH, alkalinity, calcium) to avoid:
• Etching (from aggressive water)
• Scaling (from hard water)
• Staining (from metals or organic materials)

4. Long-Term Durability

• A well-maintained cure helps the plaster last 10–15 years or more.
• Skipping proper care can shorten its lifespan drastically and lead to costly repairs or resurfacing.

5. Warranty Protection

• Most pool surface warranties are only valid if startup care and instructions are followed exactly.

Summary:

Plaster care isn’t just maintenance—it’s an investment in the life and beauty of your pool. Those first 30 days set the tone for everything that follows. We highly recommend using a professional company to take care of this service for you.

Buyer / Homeowner (Initials)

Parameter	Range
pH	7.2 - 7.6
Carbonate Alkalinity	80 - 100 ppm
Calcium Hardness	200 - 300 ppm
Total Dissolved Solids (TDS)	400 - 800 ppm
Free Chlorine	1 - 3 ppm
Cyanuric Acid (CYA)	20 - 30 ppm
Langelier Saturation Index (LSI)	-0.3 to +0.3

*ppm = parts per million

 

1st 30 days - NO SWIMMING

Swimming in a pool during the 30-day plaster curing/setup period can lead to serious damage to the surface and interfere with proper curing. Here’s what can happen if someone swims during that time:

1. Plaster Damage

• The plaster is still curing and hardening, especially in the first few weeks.
• Swimmers can scratch or etch the surface with lotions, oils, or even bare feet.
• Movement in the water can disrupt calcium balance, which is crucial for curing.

2. Chemical Imbalance

• During the startup process, the water chemistry is being carefully balanced.
• Swimmers introduce contaminants (like sunscreen, sweat, and dirt) that can throw off pH, alkalinity, or calcium hardness.
• Poor chemistry can lead to scaling, discoloration, or etching of the new plaster.

3. Staining Risk

• New plaster is very porous, so any organic materials (leaves, body oils, etc.) can cause permanent stains if introduced too early.

4. Voided Warranty