Are you getting a landscaping done in your home? If yes then pay attention to the landscaping contract. If you have enough knowledge about it then go ahead and download the free contract template which is shared later in the post.
If you don’t have enough knowledge about the landscaping contract then make sure to educate yourself. This contract or agreement secure the rights of both property owner and a landscaping contractor or company.
Here is a quick definition:
“A landscaping contract or agreement is a formal legal document that establishes the agreement between a property owner and a landscaping company. The contract outlines the scope of work, services to be provided, amount to be paid, payment method, payment timelines, other terms & conditions, etc“
The purpose of creating this contract is to:
- secure the rights of both the parties i.e. property owner and a landscaping company
- ensure there is no confusion when it comes to work and payment,
- it minimize the misunderstandings
A lot of back & forth, confusions, and misunderstandings can happen specially when it comes to a home improvement project. Having a legal contract or agreement at place keeps you secure because if any dispute or issue happens then this contract could serve as a reference point.
If you are here only to download the templates then scroll to the end of this post, you can download editable templates. Read the information below if you are interested to understand this contract in detail so there won’t be any misunderstanding or disputes with the contractor or company.
Contents
Detailed Explanation of Landscaping Contract
Here is a detailed explanation of a Landscaping Contract, this section is for people who are interested to understand this contract in detail.
1. Date, Name, & Address of Both Parties
The contract starts by entering the “effective date”
the name and address of both Landscaper and Customer is written.
2. Landscaping Services
In this section, all the services are list down which will be provided by the landscaper.
Mention the “address” at which the services will be performed.
The services are written as requested by the customer such as lawn care, design, construction, etc.
3. Changes in the Services
Although the services are already defined in the section 2, but customer can request for reasonable changes in the services.
Any change in services should be given in writting and both the landscaper and customer should sign it. Please note, the change in services may result in additional charges.
4. Term and Schedule
Let’s understand this for One Time Projects:
For one time projects there is a fixed schedule that is decided and all services will be completed as per that schedule. If the customer requests for change in services or additional services then there will be a change in the schedule as well.
Also, the completion date is subject to weather conditions.
Let’s understand this for on-going projects:
There are many projects which require on-going or repeat services. For such projects, it’s decided that the landscaper will perform the services on every week/day, the time is also pre-decided.
5. Payment Schedule
This is how the payment schedule usually works for one time project:
- Upon execution of the Contract:
- Upon completion of ___ % of the Services:
- Upon completion of all Services:
- TOTAL AMOUNT DUE:
It is the job of the landscaper to give a detailed breakdown of all costs to customer i.e. the material used, labor charges, etc. Customer has rights to ask for this breakdown.
For on-going or repeat services, the Customer agrees to pay the Landscaper $ per service visit. The Landscaper shall invoice the Customer every thirty (30) days. Invoices are due upon receipt.
6. Insurance
As a customer, you must check whether the landscaper is insured or not.
The Landscaper guarantees (warrants) that they have enough insurance coverage to handle:
- Injuries to their own employees, and
- Any loss or injury caused to other people due to the actions or work of the Landscaper, their employees, or any subcontractors they hire.
7. Subcontractors
The landscaper may hire subcontractors to perform certain work and it’s the job of the landscaper to pay them in full. The customer isn’t responsible to pay them.
The customer is only required to deal with the landscaper and not with the subcontractors. The landscaper must ensure that the work is fully done by the subcontractors without any fail.
8. Liability Waiver
This section should state that if any injury happens to the landscaper or any of its employee or subcontractors during the work then the customer is exempt from liability for those injuries to the fullest extent allowed by law.
As a customer you must read this section carefully and ensure it’s not written otherwise.
9. Termination
The customer has rights to terminate the project under certain circumstances such as:
- if there is any breach of the contract and the landscaper is not able to correct the breach within ten (10) days of notice of the breach
- if there are repeated failure by the Landscaper to provide the Services to an acceptable standard
The customer has to give a written notice to terminate the contract.
The landscaper can also terminate the project certain circumstances such as:
- if the customer fails to make the payment as required within 5 days of notice of failure to make a payment
- if the customer commits any breach to the contract and fails to correct it with in 10 days of notice of the breach.
The contract is not a one way thing, it works both ways and protect the legal rights of both the parties.
10. Dispute Resolution and Legal Fees
If any dispute or issue happen between the ladscaper and customer that is not solved by mutual agreement then both the parties should engage in a mediation to resolve it. And if the issue is not resolved through mediation also and one party decides to take the legal route then the party which wins the case has the rights to have the losing party pay for their legal costs, including attorney fees and other related expenses.
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#1 Tip for Hiring the Best Landscaper for your Work
Here is the #1 tip for all homeowners who are looking to get the landscaping work done at their place.
The first tip is to not get a landscaper just out of the paper, always go for reputation. See what kind of work have they done in the post. You can ask your friends, family, or any job that you’ve seen in your neighbourhood. If you have seen a job that’s been done right then simply ask the owner about the landscaper.
Following are some of the questions you can ask to a friend or family where you have seen a great landscaping work,
- was the job finished for the price that it was quoted at the start or did it double overnight?
- Was it finished on time?
- What were the people like?
- Were they easy to deal with?
- Was nothing a problem?
- Did they keep the place clean?
Get the answers of these questions and then decide whether you want to hire a landscaper or not. The point of asking all these questions is to get sure so there won’t be any bad surprises at the end of the job.
FAQs
Q. Do i really need a landscaping contract?
A. A legal contract or agreement is important for both the homeowner and the landscaper because it secure their legal rights. The contract set the expectation clear and it could be used a reference in case of any dispute or issue.
Q. Can i make changes after signing the contract?
A. Changes can be made to a certain extent and the changes should be given in writing. There could be additional cost or charges depending on the changes.
Q. What happens if the contractor goes over budget?
A. The contractor should not exceed the budget unless it’s already agreed upon in writing. Clarify all the costs before signing the agreement.
Q. Can I cancel the contract after signing it?
A. It depends on the “Cancellation Clause”, there are certain circumstances under which both homeowner and contractor has rights to cancel or terminate the contract. Please note it can be done only under certain circumstances, you can’t just cancel the contract without any valid reason or notice.
Q. Should I verify insurance and licensing before signing?
A. A big YES, many homeowners does this mistake of not verifying insurance and licensing. Always verify it before signing the contract. Work with insured and verified contractors only.