As much as paperwork may feel like a nuisance, it is crucial that all landscaping, garden design or landscape maintenance projects are supported by a written agreement that includes clear terms and conditions.
A terms and conditions document is a legal agreement that clarifies exactly what is expected from the contractor and the client. Its aim is to protect both parties should there be any differences of agreement related to the services provided.
By having a written contract in place, both the client and the landscaper can be sure that they are on the same page and that there are no misunderstandings about the project. The contract can also help to protect both parties in case of any problems that may arise during or after the project.
Of course we all hope that every project runs smoothly, that the weather behaves itself, the clients are delighted and all payments are made to schedule. Unfortunately, that’s not always the case.
Besides the fact that it’s good business practice to have legal agreements in place, a well drawn up document with landscape contract terms and conditions clearly stated, speaks volumes about the professionalism of a landscaper, garden designer or professional gardener.
What Is Covered By Landscape Contract Terms and Conditions?
A landscape contract is a legal document that outlines the scope and the terms and conditions of a landscaping project.
The contract should include the following information:
- The scope of work to be performed by the landscaper. This should be as detailed as possible, and should include all of the materials and labor that will be used. This is normally set out in a schedule of works.
- The price of the work. This should be fixed, or it should have a clear escalation clause.
- The payment terms. This should specify when and how the contractor will be paid.
- The warranty for the work. This should state how long the contractor will guarantee the quality of their work.
- Garden designers and landscapers must also adhere to the Construction (Design and Management) Regulations 2015.
Tips On Landscape Contract Terms and Conditions For Contractors
When presenting your terms and conditions to a client, it is important to take the time to draw their attention to the t’s and c’s and ensure that they full understand what they are signing. By doing so, you can save yourself some headaches further down the line.
There’s nothing more miserable than falling out with a client, particularly if the project is already well under way. Having those written landscape contract terms and conditions will help to ensure that both you and your clients know exactly what to expect during the design, building and/or care of your garden. It is also helpful to ensure that team leaders and client-facing personnel understand your t’s and c’s and comply with them. At the very least they should know how to respond to the inevitable “can you just” and “while you’re here” requests.
It is important that before they sign the contract you invite your clients to ask for clarification on anything they do not fully understand. For example they may to know when to expect invoices, who has ownership of any materials on site, what facilities are needed during the build (water, electricity, access to toilets etc) and how long the project is likely to last.
If there are any problems with the work after the contract is signed, you should first try to resolve the issue with the client directly. If you are unable to resolve the issue, you may need to take legal action. But before you do so, be sure double check your landscape contract terms and conditions. They are there for your protection and will certainly be requested by an expert witness or mediator should the dispute escalate.
Terms and Conditions Templates From The Landscape Library
Members of The Landscape Library are in the extra ordinary position of being able to download terms and conditions templates at no extra cost to themselves.
For the price of just £100* per year, or £25* for three months, it is possible to download terms and conditions documents for use in your own business. *Prices correct at time of writing
Each of the three terms and conditions templates available are provided with notes and explanations to help clarify the need for each clause. These T’s and C’s have been written for you by Alan Sargent. Alan is an award winning landscaper and garden designer with over 50 years experience of building beautiful gardens.
Useful Links
Click here to join The Landscape Library and gain access to over 500 expert articles.
Downloadable Documents Available From The Landscape Library:
Terms And Conditions For Garden Maintenance Contracts. https://www.landscapelibrary.co.uk/portfolio/terms-and-conditions-for-garden-maintenance-contractors/
Standard Terms And Conditions For Garden Designers. https://www.landscapelibrary.co.uk/portfolio/standard-terms-and-conditions-for-garden-designers/
Contractors Terms And Conditions https://www.landscapelibrary.co.uk/portfolio/contractors-terms-conditions/
Publications
Within the book “Buying A Garden” by Alan Sargent you will find both Terms and Conditions for Landscaping and Associated Works and the Standard Terms and Conditions for Garden Designers.
This book is aimed at homeowners but is a valuable resource for all parties involved in buying and creating gardens.
Order your copy direct from the author today. https://alansargent.co.uk/buying-a-garden/