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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
William L Foster has been practicing law since 2006 as an attorney associate for a large litigation firm in Denver, Colorado. His experience includes drafting business contracts, organizational filings, and settlement agreements.
Terry Brennan is an experienced corporate, intellectual property and emerging company transactions attorney who has been a partner at two national Wall Street law firms and a trusted corporate counsel. He focuses on providing practical, cost-efficient and creative legal advice to entrepreneurs, established enterprises and investors for business, corporate finance, intellectual property and technology transactions. As a partner at prominent law firms, Terry's work centered around financing, mergers and acquisitions, joint ventures, securities transactions, outsourcing and structuring of business entities to protect, license, finance and commercialize technology, manufacturing, digital media, intellectual property, entertainment and financial assets. As the General Counsel of IBAX Healthcare Systems, Terry was responsible for all legal and related business matters including health information systems licensing agreements, merger and acquisitions, product development and regulatory issues, contract administration, and litigation. Terry is a graduate of the Georgetown University Law Center, where he was an Editor of the law review. He is active in a number of economic development, entrepreneurial accelerators, veterans and civic organizations in Florida and New York.
I'm a Washington-licensed lawyer specializing in trademark practice and with an extensive trademark education and academic background. I currently work with domestic and international businesses seeking trademark protection in the U.S. by conducting trademark searches, providing legal advice, submitting USPTO applications, and preparing responses to office actions. I'm passionate about trademark law and always looking forward to helping small and medium businesses promote their value by having a registered federal trademark. If you have questions or concerns about trademark/copyright/IP licensing and require legal advice, feel free to contact me so we can have a first chat.
Mr. Pomeranz serves as the principal of Pomeranz Law PLLC, a boutique law firm representing clients across myriad industries and verticals. Before founding the firm, Mr. Pomeranz served as Senior Vice President, Legal & Compliance and General Counsel of Mortgage Connect, LP in 2017. Mr. Pomeranz also served as Counsel, Transactions for Altisource Portfolio Solutions S.A. (NASDAQ: ASPS) beginning in 2013, and was based in the company’s C-Suite in Luxembourg City, Luxembourg. Mr. Pomeranz began his career with Mainline Information Systems, Inc. as an in-house attorney.
I have 10 years experience providing general counsel, in the form practical and timely legal advice, under strict deadlines to individuals and various business unit stakeholders, balancing commercial needs with legal concerns at large corporations and start-ups. I am skilled at reviewing, analyzing, drafting and negotiating commercial and government contracts globally for the procurement and sale of services and goods. I also help clients ensure compliance with regulations (including data privacy), laws and contractual obligations and protect, enforce and exploit intellectual property rights and support in the development of IP strategy. I am a Certified Information Privacy Professional/United States (CIPP/US) licensed by the IAPP - International Association of Privacy Professionals.
Over 15 year experience drafting, reviewing and negotiating contracts both as in-house counsel and in law firms, including my own law firm.
Rinky S. Parwani began her career practicing law in Beverly Hills, California handling high profile complex litigation and entertainment law matters. Later, her practice turned transactional to Lake Tahoe, California with a focus on business startups, trademarks, real estate resort development and government law. After leaving California, she also served as in-house counsel for a major lending corporation headquartered in Des Moines, Iowa as well as a Senior Vice President of Compliance for a fortune 500 mortgage operation in Dallas, Texas prior to opening Parwani Law, P.A. in Tampa, Florida. She has represented various sophisticated individual, government and corporate clients and counseled in a variety of litigation and corporate matters throughout her career. Ms. Parwani also has prior experience with state and federal consumer lending laws for unsecured credit cards, revolving credit, secured loans, retail credit, sales finance and mortgage loans. She also has served as a special magistrate and legal counsel for numerous Florida County Value Adjustment Boards. Her practice varies significantly from unique federal and state litigation cases to transactional matters. Born and raised in Des Moines, Iowa, Ms. Parwani worked in private accounting for several years prior to law school. Her background includes a Certified Public Accountant (CPA) certificate from Iowa (currently the license is inactive) and a Certified Management Accountant (CMA) designation (currently the designation is inactive). Ms. Parwani or the firm is currently a member of the following organizations: Hillsborough County Bar Association, American Bar Association, Tampa Bay Bankruptcy Bar Association, National Association of Consumer Bankruptcy Attorneys, and the American Immigration Lawyers Association. She is a Fellow of the American Bar Association. Ms. Parwani is a frequent volunteer for Fox Channel 13 Tampa Bay Ask-A-Lawyer. She has published an article entitled "Advising Your Client in Foreclosure" in the Stetson Law Review, Volume 41, No. 3, Spring 2012 Foreclosure Symposium Edition. She is a frequent continuing legal education speaker and has also taught bankruptcy seminars for the American Bar Association and Amstar Litigation. She was commissioned by the Governor of Kentucky as a Kentucky Colonel. In addition, she teaches Immigration Law, Bankruptcy Law and Legal Research and Writing as an adjunct faculty instructor at the Hillsborough Community College Ybor campus in the paralegal studies program.