Pond Construction Warning Report
"10 Questions to ask your Pond Designer about Pond Construction &
Pond Designs before you invite them onto your property"
Now our organization is located in Sunny Southern California so you will hear us make reference to "Californias State Laws" and
regulations. Some states DO NOT require a contractors licence, making this list of questions that much more valuable for people looking to contract
for pond construction. These are the ten questions most pond designers prefer you never ask them. The Pond Diggers® guarantee that if you confront your Pond designer
with these questions you will greatly reduce your chances of getting your waterscapes featured on our "Pond Design Gone Wrong" page!
1. Are you a licensed landscape contractor that specializes in pond construction and pond design and may I please see a copy
of your contractors license?
Most pond designers and aquascape construction contractors have a copy of their landscape contractor’s license in their
pond design portfolio and should be eager to show it off. Unlicensed pond construction activity happens frequently and puts both yourself and the
alleged contractor at risk. Contracting without a license is a misdemeanor offense, and anyone who does so is subject
to serious penalties including jail time.
It is also a misdemeanor for a aquascape construction contractor to advertise as such in a classification
other than that for which he is specifically licensed, although a licensed general engineering or general building
contractor may advertise as a general contractor. Additionally, aquascape certified contractor programs that are promoted by pond manufactures, unfortunately DO NOT
require a contractors licence to give out certifications. So be careful of "certified contractor programs"!
A licensed pond construction aquascape contractor who contracts with or aids an unlicensed person, or allows
an unlicensed person to use his contractors license, is subject to a citation from the Registrar and a civil penalty of up to
$15,000. The Contractors State License Board is your only defense against the fly by night pond construction aquascape contractors.
2. What is your guarantee on your pond construction workmanship?
The California State Law is to guarantee all workmanship and materials for one year. Once
again, the California State Board is your only defense. If you contract with an unlicensed landscaper in order to
save money on your investment with your pond design or koi pond construction and run into trouble with workmanship
issues, you may be out of luck and will be looking at spending more money than you saved to fix your pond construction problem(s).
3. After I sign a pond design contract for pond construction and have second thoughts, what are my rights?
You do have rights! Californias State Law requires pond construction aquascape contractors to offer Notice of Cancellation
within three days for a full refund. The buyer in a home solicitation contract has the right to cancel the contract at
any time prior to midnight of the third business day following the signing of the pond design contract.
Business days, in this case, include all calendar days except Sundays and legal
holidays. LEGALLY, The home solicitation contract MUST include a Notice of Cancellation form and the following statement:
"You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date
of this transaction."
Ask to see the pond construction contractor's notice of cancellation form for an explanation of this right.
Once a home solicitation contract has been legally cancelled, the pond construction aquascape contractor is required to return any payments
received IN FULL WITHIN TEN DAYS following the cancellation of the contract.
A Certified Aquascape Contractor, A Certified Professional Pond Contractor or any contractor for that matter
is not allowed to keep any portion of the deposit, regardless of whether or not work has already begun.
4. Do you have proof of your Worker's Compensation and General
Liability Insurance?
Protect yourself against lawsuits. Be sure the aquascapes contractor you are using to
customize a pond design for you is properly insured. Not only is it against the law in the state of California to work without workers
compensation insurance, but also if any one of their employees or day laborers is injured on your property and is not covered by the pond construction
contractors workers compensation insurance, believe it or not that employee may collect compensation for injuries from YOUR Homeowners Insurance.
When you choose an "Certified Professional Pond Contractor" you can rest assured that the contractor has
provided proof of workman's compensation in order to become a certified contractor. When you choose a "Certified Aquascape Contractor", you should know that proof of insurance
wasn't one of the requirements of the certification process and that you will need to request proof of insurance to protect yourself.
5. How long will this pond construction project
take you to complete?
Talk about immediate gratification! A pond construction specialist that runs a full time
pond construction crew, specializing in hybrid koi ponds and waterscapes, could complete a custom 11x16 pond
in as little as one to two days.
Yes, one or two days and you can expect little to no disturbance to your existing landscape.
You can expect the highest quality workmanship and continued customer service from a pond construction specialist that you have posed these questions to.
If the landscaper who bids your 11' x 16' pond design and tells you it will take him a week
or two to complete, you can be certain they don’t run a full time pond design & hybrid koi pond construction crew and they are
likely not the pond construction specialist for you.
6. Will my natural pond ecosystem circulate 24 hours per day?
This question is important so that you may understand your aquascape contractor's
pond construction techniques. Unfortunately, we still have lots of pond construction contractors using pool construction philosophies for
their pond designs. These contractors usually prefer to work with pool equipment, which is not cost effective for the
homeowner to run continuously, so they will often suggest running your pond filters and/or waterfalls part-time to help
save you money on electricity.
How nice of them! However the beneficial bacteria that colonizes in your pond filters
requires constant oxygenation and can be oxygen deprived to death in less than one hour. A properly designed waterscape or
hybrid koi pond by an pond cosntruction specialist will be constructed with high efficiency pumps that are designed for waterscapes and
ponds that are economical to run tweny-four hours a day.
Remember, your waterscapes or hybrid koi ponds should be ecologically balanced, low
maintenance, and be circulating 24 hours a day!
7. In your pond design to you plan to use concrete or a rubber liner?
Concrete is the preferred pond construction method of the PAST! The irony here is
that in most cases a rubber liner would be installed first under the concrete just in case of leaks!
Not only does it add cost to your pond construction project and take longer to install, but it
is more often than not, far from natural looking, unyielding to future expansion, and if not cured properly can be
FATAL to your first finny inhabitants. Not the best decision for your pond design.
I hope we have made the choice as crystal clear as the water in your pond
will be if you choose the proper construction techniques using the 5 Essential Elements. When constructing waterscapes
or koi ponds, Certified Aquascape Contractors, Certified Professional Pond Contractors and any pond construction specialist
should use the highest quality 45 mil E.P.D.M. rubber liner. So don't be afraid to ask what mil liner they will be using in your pond design.
8. Do you have a design portfolio and pond construction testimonials?
A pond design portfolio is a nice way for you to get a look at some of their work,
presumable their best, so lets hope you fall in love with what you see! If you like what you see in print ask if the photos are
of the contractors work or did they purchase the photos from their manufaturer. Trust me it happens, all the time! We run
across websites with pond photo galleries that are filled with other contractors work! Ask the contractor if you can visit some
of their work in person! Yes, a picture speaks a thousand words but standing in front of one of this pond contractors waterscapes
should seal the deal or be a deal breaker. We want you to make the right decision.
Now testimonials give you a chance to hear a voice from some of their happy customers, but
remember anyone can have their mother produce a letter of testimonial! Wouldn't it be an interesting twist to see complaint letter
testimonials? This could illustrate how well the pond construction specialist responds to problems that inevitably may arise.
The true question is how well and how fast this individual with whom you
are entrusting, without doubt, a substantial amount of money will respond to the needs of their existing customer
base, rather than chasing down new business after you have paid your pond construction contractor in full.
"Certified Aquascape Contractors submit testimonials to get certified and Certified
Professional Pond Contractor Members are required to submit testimonials on an ongoing basis in order to maintain their certification."
9. Do you charge for design consultations or give FREE pond construction estimates?
Free estimates for pond construction should be easily delivered over the phone, however a good
pond design consultant will charge for their time if you ask them to come to your home. In most cases this pond design fee should
be rebated back into the contract price for your custom water garden or koi pond construction.
Licenced contractors that specializes in pond construction are in popular demand.
If they offered free pond design consultations, serious tire kickers could detain them for hours! Ultimately, a
pond designer that offers FREE pond design consultations, would have to compensate themselves for time lost in the next
signed pond construction contract, quite possibly yours!
Pond Design consultation fees typically range from $50.00 to $150.00 and are
usually accompanied by contract review, possible pond construction dates, a firm price for your water garden/koi
pond, a portfolio/testimonial, and a video or DVD presentation.
10. As a landscape contractor do you specialize in waterscapes and have a background
in fish husbandry and pond design? On an average, how many ponds and waterfalls do you build in a year?
A landscape contractor's license is one of the best licenses to obtain,
because it covers such a wide range of construction. However, a landscape contractor that specializes in one
field should be held in high regards. You'll find landscapers nowadays specializing in custom tree trimming,
irrigation & sod installation, and even water gardens, koi pond construction and pond design.
You will be in much better shape contracting with a pond designer that understands
the husbandry of Koi, goldfish and pond ecology in general. Consider hiring the fish geek - turned pond builder - turned California
Landscape Contractor over the Landscape Contractor turned pond builder period! Think about it!
Let's not mistake quantity for quality, landscape contractor specializing in water gardens,
hybrid koi pond construction and pond design with a dynamic pond construction crew, on an average builds more ponds, waterscapes and
pondless waterfalls in one month than other landscape contractors build in one year!
Who would you rather have build your, one of a kind waterscape or hybrid koi
pond? A California Landscape Contractor who builds one or two ponds a month specializing in many fields (a jack of all trades and
master of what?) or a pond construction specialist that eats, sleeps, lives, and
breathes backyard waterfall, hybrid koi pond construction and pond design 8 days a week!
Pond Construction & Pond Design Choices Made Easy
If you choose a member of the "Certified Aquascape Contractor" program you
will be working with a manufacturers certification program. The Certified Aquascape Contractor members have been certified by Aquascapes, formerly Aquascape Designs,
they understand the Aquascapes product line and how to install this manufacturers pond construction equipment. A Certified Aquascape Contractor understands the manufacturers product line, however may or may not be a licensed and insured contractor.
The Certified Aquascapes Contractor program has a wide range of licenced, and non-licenced, veteran pond construction specialists.
Yet on the other extreme, the Certified Aquascape Contractors program as a wide range of
licenced and non-licenced, companies just getting started in the pond construction business. So, choose wisely and ask the Certified Aquascape Constractor the ten questions in the above Pond Design Warning Report before you sign a contract for pond construction.
If you choose a member from the IPPCA, that is a "Certified Professional Pond Contractor",
you will be working with a pond design contractor that understands the water garden and koi pond industry
as a whole. The IPPCA takes the pond certification process to the highest level. The IPPCA is a certification
program that is sponsored by many pond manufactures industry wide. The IPPCA has a strict system requiring customer
surveys, proof of insurance, proof of a contractors license, good standings with the Better Business Bureau and much
more. The IPPCA program is not a manufactures rubber stamp program.
Whether you are dealing with a Certified Aquascape Contractor endorsed by a manufacturer, a Certified Professional Pond Contractor endorsed by an association,
or a California Landscape Contractor, I suggest that you ask these ten questions, get a couple of pond design estimates from other landscape contractors that specialize in pond construction,
check references, go on a pond tour, and use your gut to make the decision on which aquascape contractor to use. Just be sure that you have choosen a contractor that specializes in pond construction and
pond design!
To be connected with a pond design specialist near you, call our pond construction headquarters toll free 800-522-5043 and ask to receive a pond construction DVD. If you are not in our
pond design radius, have no fear. We work with a network of pond construction specialists including Certified Professional Pond Contractors and a network of the
veteran Certified Aquascape Contractors. We will gladly connect you with a pond construction contractor in our network.
|