Clarendon Homes Sample Building Contract

3.04 SWIMMING POOLS MORE THAN 5.0 METRES FROM THE SLAB

Where the owner intends to construct a new swimming pool, the builder will require it to be constructed/partly constructed either before taking possession of the site or after handover of the home. Prior to the builder taking possession of the site, where it will be required to undertake construction work more than 5.0m from a partly constructed or an existing swimming pool, the owner shall ensure that the partly constructed or existing swimming pool is enclosed by its existing compliant pool fencing and/or Security Fencing, as detailed above, to the satisfaction of the builder .

In the event that the builder’s site manager deems the Security Fencing is not in accordance with this policy, the builder will not be required, nor will it, take possession of the site .

4.0 CONSTRUCTION OF A SWIMMING POOL DURING THE BUILDING PERIOD

In the event that the owner requests approval from the builder, after commencement of the building works, to arrange for partial construction of a swimming pool they understand and agree that: a) approval to the request is solely at the builder’s discretion; b) if approved the builder will place the building works ‘on stop’ pending completion of the agreed swimming pool works; c) prior to the commencement of the swimming pool works the owner must enter into a deed with the builder to reflect the terms and conditions of its approval.

For a copy of the terms and conditions applicable please ask your Customer Service Consultant.

5.0 RISK AND INDEMNITY

The builder is not responsible for any loss or damage that occurs any existing or partially constructed pool on site , including where the builder is required to place scaffolding or other building materials on or around the pool, pool shell and/or coping. The owner indemnifies the builder against any liability, loss, damage, claim, expense (including legal costs) arising out of or as a consequence of, an existing or partially constructed pool being on site , including but not limited to damage to property (including the pool itself), or personal injury or death of any person.

Owner’s signature /s :

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