Watertight “Contract Completion” & “Defective Construction” Benefits

FAQ

Warning!
There is no Government Statutory Insurance for Residential Swimming Pool construction available in Queensland unlike Residential Home construction, where the BSA provides Insurance protection for Consumers.

As an additional and exclusive benefit for Consumers who contract with them, members of SPASA have made arrangements to ensure that:

1) your Residential Swimming Pool Construction Contract will be completed; and

2) your entitlements (up to 6 years) under the required Statutory Warranty period will be honoured.

In summary, the benefits of Watertight Benefits for you are:

When you sign a contract - Part 1.

Watertight "Contract Completion" Benefit

This benefit indemnifies you for all costs (in excess of the amounts retained by you) that are reasonably and necessarily incurred to complete the Works, as specified in your SPASA Recommended Domestic Contract for the Construction, Installation or Renovation of a Domestic Swimming/Spa Pool, following the failure of the Contractor to do so, for reason of the “Contractor’s Default”.

Simply said, this means that if the SPASA Member is unable to complete the obligations under the Contract due to “Contractor Default”, and you are covered by Watertight Benefits, the Contract will be completed at no additional cost to you.

Even if your Contract has not yet started you may be able to recover the deposit paid (less the excess of $100).

Watertight "Contract Completion" Benefit does not cover any workmanship defects or any other warranty items. It simply insures the completion of the Contract itself.

Part 1 of the Benefit automatically expires on the date of Practical Completion or 12 months from the Contract Date (which ever is the earliest).

When your contract is completed - Part 2.

Watertight "Defective Construction" Benefit

This benefit Indemnifies you for all costs (following completion of the contract), that are reasonably and necessarily incurred to complete the “Statutory Warranty” work required to rectify, replace or reinstate, as directed by the Building Services Authority (or other assessor appointed), for a period of up to 6 years following “Handover”, following the failure of the Contractor to do so, for reason of the “Contractor’s Default”.

Simply said, this means that if the SPASA Member is unable to complete the work as directed under the Statutory Warranty requirements for reason of “Contractor Default”, and you are covered by Watertight Contract Benefits, the work required to repair, replace or reinstate.

Part 2 of the Benefit commences on the date of Practical Completion (copy of the certificate required) and automatically ceases 6 years from that date.

Watertight Contract Benefits FAQ

Can my contract be covered by Watertight?
If your swimming spa or pool is for personal private use and you have signed a SPASA Recommended Domestic Contract with a current member of SPASA in Queensland, your contract can be covered by Watertight Contract Benefits.

How much is Watertight Contract Benefits cover for?
Your Watertight cover is for the stated value of your contract or the maximum “Insurable Value” of $150,000 (whichever is the lesser).

Can I get Watertight Contract Benefits from any swimming pool contractor?
NO! Watertight Contract Benefits cover is only available through current SPASA members.

What do I do if I think I have a claim?
Immediately you become aware of any circumstance you think likely to give rise to a claim that may be covered by your Watertight cover advise SPASA, in writing, as soon as practicable.

What is "Contractor Default"?
Contractor Default is the failure by the Contractor:
1) to complete the works as specified in the Contract; or
2) to complete the “Statutory Warranty” work (as directed by the Building Services Authority);
as a result of the declared death, disappearance or legal incapacity of the Contractor (or, the Contractor becoming bankrupt, or subject to a composition, or deed, or scheme of arrangement with/or for the benefit of creditors, and there is failure by that administration to complete the Contract).

What do I have to do to get Watertight Contract Benefits?
When you are about to sign a SPASA Recommended Contract with a SPASA member:
1) make sure you obtain a Benefit Application for Watertight Contract Benefits;
2) complete and sign the Benefit Application together with the contractor and ensure that the Benefit Application is accompanied either by a cheque for the specified contribution payable to SPASA or completed Credit Card details; and
3) ensure that both the completed form and the contribution are sent immediately to SPASA.

How do I know whether I have Watertight Contract Benefits?
SPASA issues a confirming Certificate of Benefit when an application for Watertight Contract Benefits is received.
If you have not received a certificate within 21 days or by the proposed commencement date of the contract work contact SPASA immediately.