What Is a Landscaping Contract?

Landscaping is a line of work that deals with the beautification and care of a backyard and front yard. It is the art of taking care and modifying the landscape and the garden. A landscaping service should not be mistaken for a mere gardening. Though the work performed have similarities, gardening can be considered as a part of the overall scope of work of the landscaping service. This is a contract agreement between the owner of the property and the landscaping contractor. This will specify the terms, payments, contact information as well as the services that will be provided.

Key Elements Included in a Landscaping Contract

The identification of the client and the company: In this section, state the parties that are taken into account. This should include the date the service was availed and will be performed. Also state who is in charge of performing the landscaping service, this means that the name of the company or the business organization should be included as well as their contact information and address. Another important factor to add in here is the name of the client or the one who availed the service. It should also include their contact information and address.The terms: This will state the term or agreement between the two parties. This will specify what is the agreement on the frequency that the service will be conducted. It will also state how both parties may bring to an end or conclude the agreement. This usually states that if there is a termination of the contract there should be a prior notice by means of termination letter.The services that are offered: This can also be referred to as the statement of the work. List out the different services that will be provided for the owner of the property. It is also important to state the separate services that are not naturally included in the service that the client availed. This is done in order to avoid confusions and problems for both parties. It is a must to be detailed. State the additional services that the client required and the additional cost for each. List out also the variety of tools and pieces of equipment that are necessary in order to complete the project. Include also the different phases of the project. In order to avoid problems with the authority or legal issues, it is a must to include the certificates, licenses, insurances and the permits that the company is in possession of.The compensation for the service: After identifying the services that will be performed, it is time to present a computation of the estimate of the total cost that will be required. In some cases, this will include the payment for the different tools and pieces of equipment that are necessary for the project. It is important to be detailed and clearly specify the mode of payment. Specify also the date of the payment, whether it is a one time method of payment or in installment. Most landscaping services contracts opt to use an installment plan. This will be a great help for the client to properly manage his or her budget plan. The contract should also show that the client is capable of paying the service of the company. Another important thing to take note of is that the contract should be open for discussion. This will lead to a better negotiation and avoid having issues with the customer.The roles and responsibilities of the client: In order to complete the project with no errors and altercations, the client will also be responsible in giving out the specific details about the property. First is the client should state the different boundaries of the lot area of the company. This is done in order not to trespass into the neighboring property. It is also a must for the client to state the different utility lines that are under the ground surface. This is done in order to prevent damaging them.The roles and responsibility of the landscaper: The landscaping will also be in charge for a number of things besides the services that will be performed. They are also in charge of obtaining the different insurances and permits before conducting the work statement. They are also the ones responsible for surveying and inspecting the different tools and pieces of equipment. Lastly, after the project, they are also in charge of cleaning the property and removing all the debris as well as the unwanted clutter.The deadline of the project: It is important to also have time management in this kind of project. State the expected end date of the project. This will allow the company to properly manage the project schedule. This will also state that there should be no penalties in case there are unforeseen and uncontrollable incidents that will hinder the progress of the project. In the moment that the client wants something to be changed, this should state that the project manager has the right to extend the deadline of the project.The laws that are applicable: This will state the different laws that the property is under. The service must also be in compliance with the local or state law.The signature: In order to make the contract agreement official, the owner of the property must affix their signature. The same should be done by the landscaping contractor.

In case that the company wants to document and take pictures of the finished product for the sake of marketing. The company must abide by the law and provide a photo release form. This is done in order to protect both parties from legal issues and consequences. This should also include an indemnification letter in order for the landscaping business to be protected from legal issues and consequences.

Step by Step Process in Creating a Landscaping Contract

Step 1: Select a Format

The first step in creating a landscaping contract is to select a template or a format. This will be your point of reference. This will guide you on what the basic ideas are to be included.

Step 2: Identify the Lot Area of the Property

This will be an important step. Knowing the lot area will give you a visual of the services that will be provided. This will also allow the landscaping contractor to have a proper analysis of the project schedule.

Step 3: Identify the Key Elements of the Contract

The next step to do would be to identify the different key elements that should be included in the contract agreement. This step would contain and manage the basic information of the owner of the property as well as the information of the landscaping contractor or the business organization as a whole. Also under this step is identifying how often the service will be performed or provided. This will also include the different types and kinds of services that will be provided in every visit of the property.

It is important to note that there are different services that are to be provided. This will vary depending on the season. The next thing to add in this step is to assign the prices for each service that the client availed. Lastly, add the mode of payment. Under the mode of payment it will also specify the due date of when the payment must be done.

Step 4: The Signature of Both Parties

The next step would be to allocate a space for both the owner of the property and the landscaping contractor or the business organization to affix their signature. This is a must as this will prove that both parties have agreed to the terms and condition. This can be a legal document and point of reference in case there are complications and arguments in the future. Along with the signature, the property owner and the contractor should also state the date.

Take note that it is important that both parties consult a lawyer in order to make sure that the contract agreement is up to standards and in compliance with the law.

FAQs

What are the roles and responsibilities of a landscape contractor?

The landscape contractor will be the project manager. They are the ones who will be overseeing the start of the project up until the finishing phase. Here are the different roles and responsibilities of a landscape contractor:

Design

Landscape contractors should give their point of view on how the owner of the property may maximize the available space in their backyard or front yard. They will be in charge of taking the measurements of the lot area and come up with a design. The design will be mostly made in order to suit the style or taste of the property owner. They also take into account the different risks and factors that may hinder the project.

Planning

The landscape contractor will also be the one in charge of planning the whole project. This will range from identifying the variety of tools and pieces of equipment that is necessary for the completion of the project. They will be the one in charge of coming up with a budget estimate. This will then be relayed to the owner of the property. Another important thing that is under this section is, they will be the one to come up with the daily work schedule and overall construction schedule.

Construction

They are also the ones responsible for laying out the foundations. Some of the work that is under their jurisdiction is installing pathways. In some cases, if the owner of the property wishes for it or if it is included in the contract, a landscape contractor may also construct outdoor functional spaces such as decks, patios and gazebos. Another important job responsibility of a landscaper is installing irrigation and drainage. These are installed especially for the gardens in the backyard and front yard. They are also capable of installing ponds in order to further enhance the visual aspect of the property.

Planting

The most common job responsibility of a landscape contractor is installing plants and natural features to our backyard as well as front yard. When one hears about landscape, the thing that comes to mind is gardening. This is because this is one of the most famous services that a landscape contractor is sought for. They are in charge of laying down the soil and shaping them in order to improve the aesthetic of the property. After that they also install the ornamental gardens that will also lead to the beautification of the area. In some cases contractors are even asked to add lamps and other forms of lighting to further enhance the visual appeal of the property.

Maintenance

In order to make sure that the landscape stays beautiful and functional as they are, a regular inspection and maintenance must be conducted. This includes tree trimming, tree pruning and fertilization.

What is the difference between tree trimming and tree pruning?

Though they share similarities they are a notable difference between tree trimming and tree pruning. The main purpose of tree trimming is to cut down excess branches in order to increase the aesthetic appeal of the tree. On the other hand, a more detailed inspection and cutting is done in tree pruning. This is done by cutting down infested branches or diseased branches. Dead branches are also removed because they may hinder the growth of the tree. To generalize the main purpose of tree pruning is to promote the health of the tree. Nonetheless, both processes are done in order for the tree to maintain its optimal state. Another reason as to why this is done is for safety purposes. Excess branches may reach out to utility lines like electricity wires and may cause problems. These branches may also be a cause of safety hazard in case of branches falling unexpectedly on the streets.

What are the three types of contract?

Fixed price contracts – From the word itself this means that the total cost of the project will be the amount that the both parties have agreed upon.

Cost-reimbursable contracts – This contract states that the client will pay the company depending on the cost of the raw materials as well as the different tools and pieces of equipment. This will also include direct and indirect cost. Direct costs are salaries while indirect costs are the utility bills.

Direct costs are the expenses that is in direct connection with the cost of manufacturing materials. On the other hand, indirect cost are expenses that is in connection with multiple activities that is why they are called indirect.

Time and material contracts – This means that the material will be reimbursed and there will be a percentage for the day or hours that is spent in performing the service or the project.

A landscaping service contract is one of the fastest growing industries in the US. Understanding the different key elements included in the document will help you in creating an effective contract. Having this kind of contract will clear and set the boundaries. This can also help for better understanding of the different terms and services that will be provided. Make sure to make use of the templates available above to have a complete and detailed landscaping service contract.