Weather Permitting And Completion Dates

The weather permitting clause of a swimming pool contract is something most buyers overlook or do not fully understand. There are several factors that attribute to this: haste, excitement, vagueness, wording, etc. Whatever the case, it will save you great pain to know exactly what this phrase means to you and what it means to the builder.

Completion dates are another aspect of this area that can be confusing. You should be aware of the exact wording and the legal translation. Not taking the time to understand all of this will create a world of stress and anguish down the road.

Pool contracts normally state how long it will take (or they are allowed) to build your project. I say normally, because they should state this but some contractors find ways to leave this wide open. You should protect yourself by making sure this information is included in the agreement. Typically, it can be found on the back and usually in fine print.

Although time frames may be declared, how they are worded is the key. They can say anything from 30 days to several months. They can also have phrases to create a great amount of leeway for the builder.

I have seen customers get very upset because they were on day 31 and the pool was not complete. What they did not realize is that it said 30 business days, not 30 days. Business days are not weekends nor are they holidays. This oversight creates a volatile situation and is very simply avoided.

Another critical factor to be aware of is the clause of weather permitting. Sometimes this is clearly defined and sometimes it is about as vague as that salesman was when you asked him when they could get started. As you should probably be aware of, the weather is usually the number one factor in how quickly your project can be completed. After all, this is being built outside and the weather can pose quite a problem for builders. Weather permitting can mean everything from they won't be there today or it may be days. A good rule of thumb (although it really depends on the builder) is that one day of rain usually means at least 3 days tacked on to your project. I am going to pick on rain but you can imagine all the other weather conditions that can impact your pool (too sunny, too windy, too rainy, too cold, too hot, etc.). The reasons a rained out day can mean a delay of several days ranges from scheduling glitches to cash flow issues for the builder. In all fairness, the weather is often a factor on its own.

Remember, just because it isn't raining in your yard doesn't mean they are coming. Oftentimes, they have to make a call at 0500 in the morning. It can be rather expensive to send crews out that can't do any work.

Here are some examples of one scenario that can give numerous results:

Scenario: Crew did not show today due to rain.

What can result:
Tomorrow they have to go to the Smith's pool to finish work they started before the next crew shows up. They are scheduled for your pool the day after tomorrow.
Supervisor makes the call that (because they have to get the truck in your yard) that it will take several days to be dry enough to return.
They will be out tomorrow.
Tomorrow they have to have their truck inspected (which was scheduled weeks ago), so they will be out the day after tomorrow.
It rains for 3 days straight and there is no telling when they will be back out.
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As you can imagine, they are about a million different scenarios that can impact when the crew will be there. You should know that the weather permitting clause gives the builder plenty of latitude. Remember, nothing in the fine print is there to protect you (except what the law requires them to put in).