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Need help with a Landscaping Contract?
Landscape Design Contract
Landscaping contractors perform extensive work that extends far beyond, and typically establish relationships with their clients with a landscaping contract. These creative professionals may grade the land, install irrigation fixtures, and design aesthetically-pleasing lawns and gardens. They typically operate as sole-proprietorships or limited liability corporations (LLCs).
As such, it is vital that landscaping contractors not only understand how to negotiate a contract but also have a reliable, enforceable document in place.
What is a Landscaping Contract?
A landscaping contract, also known as a landscaping services contract , is a legal instrument entered into by a landscaping contractor and a client. The agreement specifies payment terms, party contact information, types of services provided, and how to handle legal disputes. When both parties sign a landscaping contract, it becomes legally enforceable and mutually agreed upon.
How Do Landscaping Contracts Work?
When a landscaping contractor offers work to a property owner, you will need to set the agreement up according to your State jurisdiction and the job at hand. It is standard to ask clients to sign a landscaping contract and is nothing out of the ordinary. Make sure that you offer up as many details as reasonable to accomplish the primary objectives of the agreement.
Benefits of a landscaping contract include:
- Descriptions of specific services to be performed so that there is no disagreement later
- Terms and conditions related to payments so that contractors know what to expect and when to expect it
- Guarantees and warranties so that clients know that your craftsmanship is backed by promises to replace, repair, or refund
- Existence of a legally binding landscaping contract demonstrates that a real relationship existed
- Prevents unnecessary legal disputes by having everything in writing and understood by both parties
Whether you are a landscaper or a customer, a reasonable and enforceable contract is vital to have in place when beginning a new project. Ensure that it addresses any issues that could arise while having the basic working requirements of a contract. If you need immediate legal advice, seek assistance from a contract lawyer in your state .
What should be in a Landscaping Contract?
A landscaping contract should include several essential elements in order to make it enforceable and lawful. Rather than having complicated legal language, the more easily clients and contractors understand the agreed-upon terms, the fewer disputes may arise in the future.
In addition to simple language, you should incorporate the following elements into your landscaping contract:
- The names and contact information of the landscaping contractor and client
- A statement that acknowledges both parties mutually consent to the terms and conditions
- The contract’s start and end date along with the terms of payment
- A Statement of Work that lists the services being provided to the customer, including ongoing maintenance and site inspections
- What to do in the event that the contract needs to be amended or terminated
- How you will handle non-payment claims, including the use of a lien
- A completed copy of your invoice template to present at the time of accepting payment or signing
- Limitation of liability with regard to third-parties
- The local, state, or federal laws that govern the agreement
- A dated signature from both parties acknowledging the agreement
Depending upon where you live and the services you provide, you may need to add additional sections to your landscaping services agreement. The biggest mistake to avoid does not include enough information or overwhelming customers. Always seek legal advice from a licensed contract lawyer in your state to help you handle your contract’s particulars.
How Do I Write a Landscaping Contract?
Typically, the landscaping professional writes the contract, much like plumbers would write plumbing contracts for a client. However, your landscaping service contract should be as detailed as necessary to ensure that it is enforceable and reduces the chance of the possibility of future disputes from arising.
If you need legal advice regarding how to write a landscaping contract , speak with a contract attorney in your state to help you get started.
Landscaping Contract Template
Below, you can use the following landscaping contract template to get you started or provide greater insight regarding what you should include.
- Parties : This landscaping contract (“Agreement”) is entered into this _________ (“Contract Date”) by and between __________ (“Contractor”) at [Insert Contractor address) and __________ (“Client”) at [Insert Customer address], collectively referred to herein as “Parties”.
- Recitals : Whereas both parties agree to the terms and conditions set forth in the Agreement.
- Scope : Client hires Contractor to provide the following landscaping services:
- [Insert list of landscaping services provided on this project]
- Payment Terms : Agreement commences upon the date undersigned to [Insert Agreement end date]. Client payment in full is due at signing.
- Materials : Contractor is responsible for providing all necessary materials.
- Modification & Termination : Parties may agree to amend the Agreement at any time. Termination by either party must be provided in writing.
- Limitation of Liability : Parties agree to hold each harmless, including affiliates, employees, officers, and successors.
- Legal Fees : If a dispute arises, the tortfeasor agrees to pay the legal fees of the prevailing party.
- Severability : Shall an Agreement provision be unenforceable, in whole or in part, that section shall be severed while the remainder continues to be valid.
- Governing Law : Parties agree Agreement are entered into under governance by [Insert state] laws.
Whereas Parties agree to the terms and conditions set forth as above by signing below.
[Insert date and signature line for each party.]
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Lawn Care Contracts vs Landscaping Contracts
The difference between lawn care contracts vs. landscaping contracts includes the types of services involved, the payment or subscription services you offer, or if you are working as part of a roofing contract or construction contract already in existence.
While lawn care contracts address specific services, such as mowing, mulching, and pest control, landscaping contracts are different. Landscapers may engage in land grading, irrigation, and material work, meaning that the work is more complicated.
As such, you will want to note a few differences as listed below:
- A detailed description of all materials and parts being used on the project
- Who is responsible for maintenance and inspection of newly installed systems
- An agreement that the client allows the landscaping contractor on the premises as needed or with specific notification requirements
- A more in-depth list of current and ongoing services being provided
- Offset costs by allowing a customer to keep a logo or signage posted in the landscaped area
- Other matters that need to be tackled as relevant
Due to the extensive nature of landscaping work, it must address your unique needs. Avoid making the mistake of confusing one contract for another when asking another party to agree to the terms.
How Much Does Landscaping Cost?
The cost of landscaping depends upon the type of services you are requesting as well as whether you will receive ongoing maintenance. While the national average of annual landscaping costs is around $14,000, this number may be higher or lower depending upon your needs. Always get several bids on a project before selecting a provider.
Get Landscaping Contracts Help Today
If you are a landscaping contractor or customer, it is essential that you have the right contract in place to meet your specifications. Sign up for ContractsCounsel today and post your project at no cost.
Meet some of our Landscaping Contract Lawyers
Attorney Greg Corbin is the founder and principal of Signal Law in Denver, Colorado. A top-rated trial and transactional lawyer with more than seven years of total legal experience, Mr. Corbin provides exceptional counsel and support to clients across the greater Denver metro and surrounding areas who have legal needs involving any of the following: business and corporate law; contracts and agreements; incorporations, partnerships and other entity formation and dissolution services; and ongoing business counsel for emerging and expanding commercial enterprises. Utilizing the latest in cost-saving technologies and advanced automation, Mr. Corbin has established his practice as a modern law firm ready for the future, and he strives to provide the highest level of representation to his clients and help them achieve their goals and the favorable outcomes they seek as efficiently and cost-effectively as possible. He has gained a reputation for his innovative solutions as well as his transparent pricing structure and responsiveness when dealing with his clients. In recognition of his outstanding professionalism and service, Mr. Corbin has earned consistent top rankings and endorsements from his peers as being among the top lawyers in his region for business law and transactions. A 2008 graduate of Kansas State University, Mr. Corbin obtained his Juris Doctor from Boston University School of Law in 2013. The Massachusetts Bar Association admitted him to practice that same year, and the Colorado State Bar Association admitted him in 2015. Mr. Corbin is an active member of the Denver Bar Association and the Colorado State Bar Association, among his other professional affiliations, and he supports his local community through his involvement with Project Worthmore and Biking for Baseball, where he serves on the boards of directors.
The Law Office of David Watson, LLC provides comprehensive and individualized estate-planning services for all stages and phases of life. I listen to your goals and priorities and offer a range of estate-planning services, including trusts, wills, living wills, durable powers of attorney, and other plans to meet your goals. And for convenience and transparency, many estate-planning services are provided at a flat rate.
Experienced contracts and business attorney with years of experience advising entrepreneurs and small businesses. Currently act as general counsel to multiple companies with millions in annual revenue. My specialty is creative legal problem solving with solutions tailored to your business.
My career interests are to practice Transactional Corporate Law, including Business Start Up, and Mergers and Acquisitions, as well as Real Estate Law, Estate Planning Law, and Intellectual Property Law. I am currently licensed in Arizona and Pennsylvania, after having moved to Phoenix in September 2019. I am currently General Counsel for a bioengineering company. I handle everything from their Mergers & Acquisitions, Private Placement Memorandums, and Articles of Amendment to Intellectual Property Assignments, to Employment Law and Beach of Contract settlements. I have 4 years experience handling commercial breach of contract cases working with Burton Neil & Associates, P.C. I have experience with Intellectual Property infringement after having worked for Ryley Carlock & Applewhite. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, mergers and acquisitions and also trademark registration and licensing.
Atilla Z. Baksay is a Colorado-based attorney practicing transactional and corporate law as well as securities regulation. Atilla represents clients in the negotiation and drafting of transactional (e.g. master service, purchase and sale, license, IP, and SaaS agreements) and corporate (e.g. restricted stock transfers, stock options plans, convertible notes/SAFE/SAFT agreements, bylaws/operating agreements, loan agreements, personal guarantees, and security agreements) contracts, in-house documents (e.g. employment policies, separation agreements, employment/independent contractor/consultant agreements, NDAs, brokerage relationship policies, and office policy memoranda), and digital policies (e.g. terms of service, privacy policies, CCPA notices, and GDPR notices). Atilla also reviews, and issues legal opinions concerning, the security status of digital currencies and assets. Following law school, Atilla practiced international trade law at the Executive Office of the President, Office of the United States Trade Representative, where his practice spanned economic sanctions enacted against goods originating in the People’s Republic of China valued at $500 billion. Afterwards, Atilla joined a Colorado law firm practicing civil litigation, where the majority of his practice comprised of construction defect suits. Today, Atilla's practice spans all corporate matters for clients in Colorado and the District of Columbia.
After graduating from The University of Chicago Law School in 2002, Clara spent eight years in private practice representing clients in complex commercial real estate, merger and acquisition, branding, and other transactional matters. Clara then worked as in-house counsel to a large financial services company, handling intellectual property, vendor contracts, technology, privacy, cybersecurity, licensing, marketing, and otherwise supporting general operations. She opened her own practice in September of 2017 and represents hedge funds, financial services companies, and technology companies in a range of transactional matters.
I love contracts - and especially technology-related contracts written in PLAIN ENGLISH! I've worked extensively with intellectual property contracts, and specifically with IT contracts (SaaS, Master Subscriptions Agreements, Terms of Service, Privacy Policies, License Agreements, etc.), and I have built my own technology solutions that help to quickly and thoroughly draft, review and customize complex contracts.