Pools that hold water, coverage that holds up.

Pool contract terms that can void the deal

Business and Professions Code 7167 makes a California contract whose primary purpose is building a swimming pool void and unenforceable by the contractor if it does not substantially comply with five paragraphs of Section 7159. That is a business risk, not an insurance question, so get the paperwork right before the dig.

1. Lien releases, 7159(c)(4). The contract must state that once satisfactory payment is made for any portion of the work, you furnish a full and unconditional release from any potential lien claimant claim or mechanics lien for that portion before any further payment.
2. Change orders, 7159(c)(5). A change order becomes part of the contract only if it is in writing and signed by the parties before the work it covers begins.
3. Project description, 7159(d)(7). For swimming pools, the description must include a plan and scale drawing showing the shape, size, dimensions, and construction and equipment specifications.
4. Downpayment, 7159(d)(8). The contract must carry a notice in at least 12-point boldface type that the downpayment may not exceed $1,000 or 10 percent of the contract price, whichever is less.
5. Progress payments, 7159(d)(9). Each payment is stated in dollars and cents and tied to the work or services to be performed, with the boldface warning that collecting payment for work not yet completed, or materials not yet delivered, is against the law.

Section 7167(b) says missing the change-order rule does not bar recovering compensation for work performed on grounds such as quasi-contract or quantum meruit. If a contract dispute reaches your bond, see what happens in a license bond claim. Contract rules vary by state outside California.

Drain covers on public pools

If you build, remodel or service pools at hotels, apartment complexes, clubs or other public facilities, federal law adds a layer that applies in every state. Under the Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8003), effective one year after December 19, 2007, every pool or spa drain cover manufactured, distributed or entered into commerce in the U.S. must conform to the entrapment protection standards of ASME/ANSI A112.19.8 or a successor standard, and each public pool and spa must have anti-entrapment devices or systems that comply with that standard.

• What counts as public. A pool or spa open to the public, whether for a fee or free; open only to members of an organization and their guests, residents of a multi-unit apartment building, apartment complex or residential real estate development, or patrons of a hotel or other public accommodations facility; or operated by the federal government for certain service members, agency employees and dependents.
• Single main drains. A public pool or spa with a single main drain other than an unblockable drain must have at least one more system: a safety vacuum release system, a suction-limiting vent system, a gravity drainage system, an automatic pump shut-off system, drain disablement, or another system the Consumer Product Safety Commission finds equally effective.
• Unblockable drain. Section 8002 defines it as a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard.

Service companies that swap drain covers on commercial pools should log the cover model and date on every visit. Underwriters ask whether you work on public pools, and a commercial umbrella is designed to add limits above your primary liability policy.