A landscaping contract makes it easy for you to lay out all of the details of the job you will do for the client, including the price, the scope of the project, and a description of the services provided. Landscaping services are highly customized and require close attention to detail.
A written landscaping agreement can help with these details. It can also help avoid further legal disputes between the landscaper and the client.
Why Use a Landscaping Contract?
A landscaping contract establishes a legal relationship between the landscaper and the client. The landscaper may be an independent contractor or an employee of a business.
Whether you are legally required to have a written contract depends on your jurisdiction. Certain states and cities require landscapers and other professionals to put quotes and services in writing. Failure to put an agreement in writing may violate the law in your area. Written agreements are typically more enforceable than oral agreements.
You should use a landscaping contract to improve your business and protect your legal rights. A written agreement is more likely to be enforced by a court if a legal dispute should arise. Written contracts lay out the details of the work so that both parties can prove what they agreed to.
A landscaping agreement also makes clear the expectations of the parties. Landscaping work is often highly customized and subjective. You want to outline exactly what the work will entail so that there is no confusion.
What to Include
A comprehensive landscaping contract should outline key details. These ensure your rights are protected and save you the headache of arguing with clients about the expectations of the job. Your landscaping agreement should include the following elements:
Date the Agreement Is Signed
A date proves when the agreement was signed. It can have a significant impact on a potential legal dispute. Make sure every contract is correctly dated.
Location
The state in which your contract is signed is an important part of the agreement. It may dictate which laws apply to the transaction and what may govern contractual disputes.
Description of Landscaping Services
The landscape contract should include a detailed list of any services provided. This should include not only the name of the services (i.e., mowing, trimming, or design) but also any unique requests by the client. The main elements of the contract consist of:
- The start and end date for the landscaping services.
- Whether the agreement is for one-time service or ongoing maintenance.
- An address and property description of where the work will occur.
- Whether the work is for one property or several properties.
- Whether a product sale is part of the agreement.
- Whether design services are included in the landscaping agreement.
- Specific details like grass height, edging requirements, herbicide use, and more.
The more specific you are in the description of services, the better. This may prevent disputes with a client about what should have happened and avoid legal disputes about the work.
Price of the Landscaping Services
The contract should include the price of the landscaping and lawn care services. This should outline any separate details about the cost of the design versus the actual work on the property. The more detailed you are with this section, the less likely you will have disputes about payment later.
The price details will depend greatly on the work you provide. Some contracts may be a set price for services that cannot change. Others may be hourly or per-day payment requirements. All of this will depend on what the landscaper will provide and whether the services are one-time or recurring.
Right of Inspection and Rejection
The contract should specify whether the client may inspect the work after it is completed. It should also include whether the client may reject and ask for a modification of the work in any way.
If the landscaping agreement permits inspection or rejection, it should specify how and when that can occur. It should set a time limit on the right to inspect and the right to request any changes.
Governing Law and Disputes
The agreement should state which state’s laws apply to the contract. This may be the jurisdiction in which the landscaping contract was signed or another jurisdiction.
It should also address how any disputes will be resolved. It should state what type of dispute resolution may occur and where a case will be heard in the event it goes to trial.
Signature Section
The landscaping agreement should have a section for signatures. A signed agreement is key to its enforceability. The parties should sign their printed names and a signature on separate lines.
How Do You Negotiate a Landscaping Contract?
You can negotiate a landscaping contract in several ways. The most important is to speak with your client about what they want to have happen on their property. A certain amount of negotiation will always occur, especially in the description of services section of the contract and what price will be charged.
You and your client can modify an existing landscaping contract template to account for any other changes. A template provides a starting point that both parties can modify to customize a contract that fits everyone’s needs.
Landscaping Contract Sample
Below, you can download a free landscaping contract sample in PDF or Word format.
