NZMPBG BUILDERS LICENCE PROPOSAL

"CONSTRUCTION GUARANTEE"

August 2001

This proposal is to issue Builder Licenses to all interested Builder Member pool builders through the Master Pool Builders Inc "License Board" and to administer the licensing on an annual basis through the elected committee "Licence Board", which will then to issue all customers of builders participating in the scheme with a "NZMPB Inc Construction Guarantee".

The Builder's Licence will be issued - at the NZMPB's discretion - to all members who satisfy strict criteria on capability, experience, and professionalism, and will remain in force while the member is a fully paid up member of the Guild, or until such time that the "Licensing Board" decides at its sole discretion to revoke the license.

Builder Members who enlist in the Licence scheme must agree to underwrite the Association in its obligations to customers who contract a NZMPB Licensed Builder to perform work.

A fee of $500 for each contract signed will be charged by the Guild to register the contract, and to indemnify the customer against faulty workmanship or failure to perform on the part of the licensed builder. Funds generated by this fee will be kept on Term Deposit for the duration of the Guarantee (3 years) and if no call has been made on them, they will be transferred into the general account of the Guild to be dispersed as the current Guild Committee see fit.

The terms of the Construction Guarantee are as follows:

The NZ Master Pool Builders Inc. agrees to:

1. Do all in its power to ensure that the agreement to purchase/construct a swimming pool is met in all respects
   
   
2. Do all in its power to ensure that the projected timetable for the construction of the swimming pool is met by the builder, notwithstanding genuine reasons for delays.
   
   
3. To do all in its power to ensure that a satisfactory standard of construction is adhered to by the builder.
   
   
4. To do all in its power to ensure that the swimming pool and equipment supplied are suitable for the intended purpose, and will remain so for a minimum period of three years.
   
   
5. Accept any outstanding payments due to the Builder into its Trust Account for disbursements to the builder once all the terms and conditions are met.  Until such monies are paid into the NZMPB Trust Account, no action or responsibility on the part of the Guild exists to the customer.
   
   
6. All and any responsibility by the Association to either the Builder or Customer expires after the expiration of 3 years from the date of commissioning of the subject swimming pool. 
   
   
7. To undertake to the Customer that if the Licensed Builder fails in any respect to remedy any situation that arises which involves paragraphs 1,2,3,4 of this agreement, after a suitable hearing of defence from the Builder, to dismiss the builder from the Construction Guarantee scheme and revoke his Builder's Licence and bar re-entering the NZMPBG general membership, or the Builder's Licence scheme for a period on one year, should the Licensing Board find culpability on the part of the Builder. 
   
   
8. Notwithstanding the undertaking on the part of the Guild to pursue these (above) remedies, there shall be no legal or moral responsibility on the part of the NZMPB Inc or its current Committee as a whole or individually to indemnify the Customer or Builder for any loss, financial or otherwise

The NZMPB Inc. will review all applications from Builder Members for suitability in participating in the Licensing scheme, and will issue the successful applicants with:

1. A Licence Certificate
   
   
2. A Lapel Badge with Licence Number etc. for on-site identification 
   
   
3. A pad of "Construction Guarantee" forms to be filled in triplicate for the Customer, Guild and Builder's Records.

Applications to the scheme will cost the Builder $25 to cover the costs of the paperwork and Guarantee Pad. 

If the Application is successful, the $500 fee will become due and payable.

Replacement pads will cost $10 per copy. No GST is involved as the NZMPB Inc is not a GST registered entity.

It may become necessary for the NZMPB Inc to employ a part-time person to administer the scheme, go on site to check on the pools being built, and generally run the scheme. Funding for this person should be assured by the $500 fees generated from Builder Members.

I may be anticipated that the Builder Members sell the idea of the scheme to their customers and add the cost to the selling price.

Discussion on this proposal is welcomed.

The desired outcome is that any move by the Government to license Pool Builders may be incorporated into the Master Pool Builders scheme.