Within the Landscape Library – outside the Paywall, under Useful Industry Information – I have produced three sets of Terms & Conditions for use by Garden Maintenance Contractors, Garden Designers and Landscape Contractors, all progressively formatted for use in legally binding contracts. They are widely used by the industry – especially those for Designers and Landscapers, as they are recognised and recommended by hundreds of professionals in preference to any other sets of Ts & Cs.
Ts & Cs for Maintenance Contractors are not as widely used by Domestic Contractors or their customers as they are not required under The Construction (Design Management) Regs 2015, which, combined with the written contract or Terms of Engagement Letter form part of a legally binding contract, which may be used and upheld in Court. Commercial Maintenance Contractors have their own bespoke and specific contracts, dealing mainly with timely performance and Health & Safety compliances, often with only minimal mention of the scope of works.
At the request of members of The Landscape Library (and AllHorts!! FB Group members) I have produced a new form of ‘contract’ to be presented to customers of those gardeners who work in micro businesses, either as sole traders or employers of one or two members of staff, and do not undertake large projects, mainly concentrating on Day Rate or Hourly Paid general gardening maintenance works. The standard format of such businesses would be to work in five or more regular gardens, visiting either weekly, monthly or on an ad hoc basis.
The format I have chosen avoids unnecessary legal jargon (essential for larger projects to protect both Parties) and is written as a friendly introduction from the contractor to the client. I appreciate that many gardeners do not consider themselves ‘contractors’ as they are not working under a contract, and do not wish to be bound by any restrictions that may sour a client/gardener relationship. There are many others who operate on a more ‘commercial’ level, treating their work as a business, which they can develop and grow, requiring a general platform of mutual understanding between client and maintenance contractor.
Recognising that there are two ‘types’ of maintenance gardener – those who supply all tools and equipment, and those who rely totally on whatever the customer has in their sheds, there proved to be two separate Letters of Introduction & Engagement required, one for each discipline. However, rather than confuse matters, I decided to produce a single document, that may be amended as required, simply by adding/altering the wording to establish the nature of the relationship on site.
This document will be added to The Landscape Library and be posted under Useful Industry Information with the title of Maintenance Contractors Letter of Engagement.
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GARDEN MAINTENANCE WORKING PRACTICE
LETTER OF ENGAGEMENT
NAME AND ADDRESS OF CONTRACTOR
NAME AND ADDRESS OF CUSTOMER
Date
I/we (Contractor) write to introduce myself/ourselves and my/our Terms of Engagement between ( Client details, Mr and/or Mrs ) in this Letter of Engagement and Working Practice Agreement.
I/we undertake to hold in force at all times, appropriate Insurance cover including Public Liability and Employers Liability, a copy of which may be seen whenever requested.
My/our Bank details are (Banker’s address, sort code and account number)
I/we understand that the nature of works involves general garden maintenance, which will include the following operations as listed below. I/we confirm that we hold appropriate training and are certificated (as required) to undertake the works as scheduled.
SCHEDULE OF WORKING PRACTICES
(Include as many disciplines as necessary, including mowing, weeding, pruning, hedge cutting, edging, etc.) OTHER WORKS MAY BE ADDED AT ANY TIME BY ARRANGEMENT
*I/we will supply and provide all tools and equipment necessary to carry out these works. All consumables e.g. string, ties, weedkiller, fertiliser, compost, insecticides etc supplied by the contractor to be added to the weekly/monthly invoice, together with receipts/proof of purchase.
**The customer to supply all tools and equipment necessary to carry out these works. All consumables e.g. string, ties, weedkiller, fertiliser, compost, insecticides etc to be provided as requested by the contractor in advance of the site visit. Any damage noted to any tools and equipment to be recorded. Prior to commencement of contract, an inventory of all such tools and equipment to be carried out and their condition recorded and agreed by both Parties.
(Delete as necessary)
A diary to be kept and maintained on site, to be completed by the contractor and/or customer on a regular basis, scheduling works undertaken on the date of a visit. Diary to be used as a means of written communication between Parties whereby any requests for non-standard works may be listed. This diary to be used to request any materials or consumables for use on site, and to give notice of any future events that may affect the works e.g. parties, holidays or special occasions requiring additional attention.
Any projects requiring an assistant or Banksman e.g. heavy lifting, ladder work etc, may be arranged, agreed and charged as a separate item on a task by task basis.
I/we cannot be held liable for any damage to any cables, pipes, wires etc that may occur during working operations unless clearly visible and made known in advance of operations.
*All waste to be removed from site. I/we hold a current Waste Carriers Licence. Tip charges will be added to the invoice as required.
**All waste to remain on site, to be placed as directed by the customer
(Delete as required)
In the event of inclement weather, operations may need to be altered to suit site conditions by agreement between the customer and contractor. It may not be possible to reschedule regular visits on occasion, and fresh instructions may be required by email communication.
Client to ensure site access at all times during normal agreed working hours. In the event of inability to gain entry into site for any reason, the scheduled visit may be charged for.
Customer to keep the site (especially lawns) clear (within reason) of any pet faeces prior to our site visit.
Terms: Invoices will be raised on a weekly/monthly basis by email, and are payable within
(?) days of date of invoice by BACS/other.
Signed Contractor
Signed Customer/s