Water, water, everywhere! Sounds great in the middle of the summer, but nowhere is it more convenient to experience it on a daily basis than your own back yard pool. If you are a new home buyer, there are two ways that can lead to the backyard pool dream becoming a reality. One is to have the pool built along with the new home, arranging an "all-in-one" type pool loan, usually available through the builder's mortgage company. The other, of course, is to wait until after the property is yours, and make all the arrangements yourself.

Not every builder will permit you to have your pool built in tandem with your new home, however. Most will make you wait to start on the pool "dig" until after your new home escrow closes. Why? Aside from liability issues (what if the house falls out of escrow and a huge hole has already been dug in the backyard?), there are timing issues (what if the house is ready, but the pool is not, holding up close of escrow?), access issues (how many fences may need to come down and how much damage may be done to existing landscaping?), shifting soils conditions issues . . . the list goes on and on. To make matters worse, if the pool or grading/drainage develops problems (even years) later, buyers can get mad at the builder. As a result of this complexity, the chance that a homebuyer will have the freedom to choose from among bids received from several pool contractors is highly unlikely, since the builder must find pool builder(s) that they can work with exclusively.

There must be an iron-clad agreement and unwavering trust between pool contractors and builders as to how every little detail must be handled before new (production) home builders will permit pools to be built on their property, even when that property is in escrow with its future owner. How does this relationship get started? Many model home complexes include a beautifully designed pool in the backyard of at least one of the builder's model homes. Multiply this by several subdivisions the builder may have in the area, and it ends up not only becoming a huge investment for the builder, but also a huge source of exposure for the pool contractor. The mutual interests involved here can produce some pretty serious negotiating and posturing for the procurement of future business generated by the homebuyers themselves. If the pool contractor can manage to understand all the problems a builder can face when establishing their relationship up front, it may be able to help them by responding specifically to their needs and concerns while juggling those of the homeowner-to-be. Is it entirely possible to have a "Win-Win-Win" situation and ultimately have all parties satisfied? Only if the pool contractor is absolutely dedicated to making it work, no holds barred. They can accomplish this by:

• Being aware of the builder's concerns, meeting and exceeding their expectations as a sub contractor. They should never leave messes, never delay closings, have all key personnel accessible at all times to both builder and homebuyer and keep communications open and constant.
• Handling any future warranty calls directly with the home buyers, not involving the builder.
• Helping the builder in any way possible. For instance, a final backyard cleanup and grade would be easier done by the pool contractor, whose equipment is already there, than the builder themselves.

As consumers, new home buyers may not be concerned with the criteria mentioned above. But to understand what a delicate and all-encompassing relationship pool builders must establish when setting up tandem pool programs with new home builders, it may help them appreciate the complexity of a partnership of this sort. Buyers may also be willing to pay a bit more to have the pool built by the builder's chosen pool contractor(s) just to eliminate the hassle and risk of making all the pool building decisions themselves.

Should buyers decide to wait and have the pool dug after the close of escrow, however, here are some tips for hiring a pool contractor, provided by the National Pool and Spa Institute, a nationally recognized pool building trade association:

• Never hire anyone who comes to your door unsolicited. Some fly-by-night pool contractors work out of the back of a pick up truck. You make the first move.
• Talk to no fewer than three different pool builders before making a decision
• Research the pool company's track record. They should have no less than three years solid experience building nothing but pools. Ask to see a photo album or Internet site for finshed pool projects, and get past client names and phone numbers and call them for references. Questions to ask may be "Was the pool finished on time and within budget?"; "Did the price change along the way?"; "Did the workers show up each day?"; and "How easy was it to contact the contractor during the pool installation?"
• Ask to see the contractor's license and certificates of insurance.
• Check up on the contractor's business habits (the local consumer protections agency, Better Business Bureau, or the State Contractor's Licensing Board for outstanding liens)
• Ask about who will be doing the actual work - the contractor's employees, or subcontractors? Good pool companies use their own labor.
• Get everything in writing and compare.
• Protect yourself - never pay in cash - use checks or money orders only. As for down payment, never pay more than 10% of the estimate. The amount a pool/spa contractor can collect before starting may be even lower in your state. In California, for instance, pool contractors can collect only $200 down. Then, link all your payments to milestones and you are satisfied with that stage of construction. Hold the final 10% until you have received and reviewed the contractor's completion notice, a release of lien from each subcontractor and building supplier, an and approval from the local building or safety department.

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Published: July 9, 1999

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