Landscaping Contract: Definition, Top Terms to Know

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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.

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Benefits of a landscaping contract include:

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:

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.

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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.

LANDSCAPING CONTRACT

  1. 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”.
  2. Recitals : Whereas both parties agree to the terms and conditions set forth in the Agreement.
  3. Scope : Client hires Contractor to provide the following landscaping services:
  1. Payment Terms : Agreement commences upon the date undersigned to [Insert Agreement end date]. Client payment in full is due at signing.
  2. Materials : Contractor is responsible for providing all necessary materials.
  3. Modification & Termination : Parties may agree to amend the Agreement at any time. Termination by either party must be provided in writing.
  4. Limitation of Liability : Parties agree to hold each harmless, including affiliates, employees, officers, and successors.
  5. Legal Fees : If a dispute arises, the tortfeasor agrees to pay the legal fees of the prevailing party.
  6. Severability : Shall an Agreement provision be unenforceable, in whole or in part, that section shall be severed while the remainder continues to be valid.
  7. 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:

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.

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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.

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

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I am a licensed and active NY and CT Contracts Attorney, with over 20 years of diverse legal and business experience. I specialize in reviewing, drafting and negotiating commercial agreements. My practice focuses on working with small business clients as well as clients from international brokerage firms on acquisitions, especially in the Ecommerce space; drafting, negotiating, reviewing and advising on business agreements; ; breach of contract issues, contract disputes and arbitration. I am licensed to practice in New York and Connecticut, and am a FINRA and NCDS Arbitrator. My experience includes serving as General Counsel to small businesses. This entails reviewing, updating and drafting contracts such as employments agreements, asset purchase agreements, master services agreements, operating agreements and a variety of business and commercial contracts. Additionally, I assist clients with business strategies, contract disputes and arbitration. My diverse experience allows me to give my clients a well-rounded approach to the issues they face. I have been at top AML law firms; a Vice President at an Investment Bank, a Civil Court Arbitrator presiding over cases in contract law, commercial law, a Hearing Officer, presiding over cases and rendering written decisions, and a Judicial Clerk to a Civil Court Judge. It would be a privilege to assist you and your business with my services.