A.R.S. 32-1158.01: Arizona's Rules for Swimming Pool and Spa Contracts

Building a pool in Arizona comes with its own payment-protection statute. A.R.S. 32-1158.01 limits how much a pool or spa contractor can collect up front and ties every later payment to a stage of construction you can see in the ground. It exists because a pool is a high-deposit job, and the law does not want you paying for a pool you do not yet have. This page lays out the exact payment caps and the other protections the section builds in.

What this statute says

A.R.S. 32-1158.01 sets a maximum payment schedule for any contract to build a swimming pool or spa. The contractor can ask for less, but not more, at each stage. The staged caps are:

not more than fifteen percent of the original contract price

up front before work starts, then:

• Up to 25 percent after excavation is complete.
• Up to 25 percent after the structural concrete (gunite or shotcrete) and rough plumbing are installed.
• Up to 25 percent after the decking is installed.
• The remaining balance only as the finishing work (plaster, tile, equipment, water) is completed.

For example, on a $90,000 backyard pool in Scottsdale, the most your contractor can collect before a shovel hits dirt is $13,500. After excavation, another $22,500 at most, and so on down the schedule. Each draw lines up with completed, visible work.

The other protections built in

The payment caps are the headline, but the statute does three more things. First, it requires the contractor to offer you the option to request payment and performance bonds in a form the ROC approves, which secure completion of the work and payment of subcontractors and suppliers. You pay for the bonds, and the contractor cannot add a surcharge on top.

Second, any change to the work has to be a written change order: "any changes, additions or deletions to the work specified in the original contract shall be included in a written change order." A verbal "let's also add a baja shelf" does not bind anyone until it is written down with a price.

Third, the contractor must give you statutory disclosure notices in at least ten-point type about your rights and dispute-resolution options. A contractor who ignores these rules commits a violation under A.R.S. 32-1154(A), which is grounds for ROC discipline. The parties can adjust the payment terms only if a performance bond is furnished.

How this connects to other rules

This section is the pool-specific cousin of the general contract rules. A.R.S. 32-1158 lists what any construction contract over $1,000 must contain, and 32-1158.01 layers the pool payment caps on top. The staged-draw idea here works like the draw schedule on a home build, and the written-change rule matches a standard change order process. Because the contractor must be licensed by the Registrar of Contractors , a violation of these caps can support a complaint under A.R.S. 32-1155. For pricing context, see the cost to add a pool to a new home in Arizona , and for general contract terms see what to include in a custom home contract .

Full text and source

Read the current section, including the exact payment schedule and notice wording, on the legislature's site: View A.R.S. 32-1158.01 on azleg.gov .

How the rule applies to a specific pool contract depends on the facts, so confirm details with the ROC or a qualified professional before relying on it.