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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.
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I joined Enterprise Law Group, LLP as an Associate in March 2020. My practice has involved a wide range of legal matters from commercial real estate, finance and international business transactions to litigation matters including commercial disputes, personal injury and medical malpractice. Proficient in Spanish, I graduated from the University of Kentucky College of Law, the Patterson School of Diplomacy and International Commerce, and the University of Southern California. Prior to my legal career, I sought diverse professional experiences. After graduating from college, I orchestrated my own volunteering experience in southern Peru with a small non-profit organization. Later I gained valuable professional experience as part of a U.S. Senate campaign, and after that I joined the public policy team at Greater Louisville, Inc., Louisville's Chamber of Commerce affiliate. Prior to law school, I embarked on a month long excursion with the Northern Outdoor Leadership School in Alaska, which gave me a new found appreciation for sustainability.
Agnes Mombrun Geter is the Founder and Managing Attorney of Mombrun Law, PLLC. She is an experienced attorney and is a member of the Florida Bar, New Jersey Bar, and the Pennsylvania Bar. The firm's practice focuses on Estate Planning, Business Law, and Debt Settlement including IRS Debt Relief. The firm's goal is to simplify the law and provide clients with the confidence and information necessary to make their decisions. The firm also provides project-based legal services to other attorneys and law firms, along with assisting as personal counsel and local counsel on legal matters.
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I am a business attorney with years of experience advising individual entrepreneurs and small businesses on issues ranging from entity selection/formation to employment law compliance, to intellectual property protection and exploitation. I often act as General Counsel for my clients fulfilling the legal function as part of a team of managers. I look forward to learning more about your business and how I may be of assistance.
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Forest is a general practice lawyer. He provides legal advice regarding small business law, contracts, estates and trusts, administrative law, corporate governance and compliance. Forest practiced complex commercial litigation in Florida for eight years, representing clients such as Host Marriott, Kellogg School of Business, and Toyota. Since moving to Nashville in 2005, he has provided legal advice to clients forming new businesses, planning for the future, and seeking funding through the use of equity and/or debt in their businesses. This advice has included the selection of business type, assistance in drafting and editing their business plans and offering material, reviewing proposed term sheets, and conducting due diligence. Forest is a member of the Florida, Tennessee, and Texas Bars; in addition. Forest has held a Series 7, General Securities Representative Exam, Series 24, General Securities Principal, and Series 63, Uniform Securities Agent State Law.
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