What is a Landscaping Maintenance Agreement?
A landscaping maintenance agreement is a contract made between property owners such as business owners, multi-family housing communities and homeowners associations and landscaping companies. By entering into a landscaping maintenance agreement, landscaping providers agree to maintain properties in a specific manner. When done properly, a landscaping maintenance agreement specifically defines what is expected of the landscaping provider, what services will be provided and how fee payments will be handled.
Agreements are usually for a specified period of time, but with renewal clauses contained within the document. Landscaping maintenance agreements are developed for two main reasons . First, they govern the relationship between the landscaping company performing the services and the property owner who is paying for the service. Second, they establish the scope and level of service that will be performed by the landscaping company in exchange for payment. While there are many a type of landscaping maintenance agreements, property owners would be well advised to anticipate both the need to amend the agreements and whether changes are needed from time to time to either revise the specifications within existing landscaping maintenance agreements (i.e. changes in the landscape at the property) or due to changes in the law. Specifically, laws regarding fertilizer use and the use of pesticides and herbicides are currently evolving and changes are being made at both the federal and state level.
Basic Provisions of a Landscaping Maintenance Agreement
The first critical component of a landscaping maintenance agreement is the scope of work. It should clearly specify the general categories of services to be performed. Of course it is unlikely that a general overview would be sufficient. Therefore, it is critical to add language specifying the minimum frequency in which each service will be performed (e.g., mowing is to be performed weekly between April 1 – November 30, trimming is to be performed as needed and not to exceed four total trims per month, etc.). "As needed" specifications should be avoided or at least limited to an established budget (e.g., trims will be performed once per month, or if the budget holds, no less than once per month, to the extent needed). Onsite personnel should also be made aware of the minimum frequencies so that they can better plan their schedules and budgets accordingly.
Although infrequent, the topic of pesticide application must also be addressed in the scope of work and frequencies for when such applications would be required (e.g., "seasonally" is not sufficient). In addition, it is important to discuss this topic with the person(s) placing the order to ensure sufficient time is allotted between ordering materials and applying pesticides. Of course no landscape is somewhat impervious to the need for watering, therefore watering should be included in the scope of work and clearly indicate on what days and during what times such watering is to be performed. Note that watering can sometimes be costly and containment restrictions may interfere with this process.
In addition, all party responsibilities should be defined in the landscaping maintenance agreement. For example, particularly when dealing with a new project, many times supplements to an existing specification, the budget, and/or the contract will be requested. The landscape company should be able to reasonably request such supplements and additional work under the agreement and at prices in line with the agreement pricing structures. In these instances, it is extremely important to make sure that the agreement specifically provides for such requests, as it may take substantial time to have such requests approved.
Services Included in a Landscaping Maintenance Agreement
The services typically included in a landscaping maintenance agreement are as varied as the types of properties these vendors maintain. Most comprehensive agreements address the same basic services, such as lawn care, tree and shrub trimming, irrigation management, and pest management. Some of these services are specific to the climate in which the property is maintained. For example, lawn care is more of a year-round job in warmer climates than in areas where winter temperatures frequently fall below freezing. Most landscaping vendors are willing to perform additional specialized services, such as lawn aeration, de-thatching and dethatching, pest management, weed control, and trash removal. Some vendors regularly add mulch to flowerbeds to combat weeds, others provide seasonal weeding of flowerbeds, and some are responsive to customer requests for planting and removing trees. Responding to service requests for pruning, dead tree removal and tree planting has been a source of revenue for landscaping maintenance vendors.
Advantages of a Landscaping Maintenance Agreement
It fundamentally protects both the property owner and the company performing the work. It means that there will be less chance of misunderstandings and disputes about what is required, what has to be paid, what other types of insurance should be maintained by the parties, and when the work will occur. Additionally, the agreement can help protect the property from trees or bushes growing out of control by keeping them well-maintained. This ultimately prevents the questions of what happens when the vegetation begins to cause property damage. Once again, the answer for that is found in a well-drafted landscape maintenance agreement.
Often times owners and landscapers are friends. However, just like you wouldn’t casually lend $5,000 to a friend, owners shouldn’t enter into an agreement without the protections of an enforceable contract and a certificate of insurance.
Customization of Landscaping Maintenance Agreements
Every property comes with its own set of unique landscaping requirements. Property owners can create their own maintenance agreement by working with their landscapers to add or subtract from the standard agreement based on specific needs or preferences. For example, a property owner may want to include additional services such as tree trimming or seasonal plantings. Alternatively , a property owner may request to leave out certain services that are not necessary. Further, a property owner may want to increase or decrease the frequency of certain services. The key is to be in communication with your landscaper to properly customize your landscaping maintenance agreement.
Legal Issues and Compliance for Landscaping Maintenance Agreements
Despite its mundane nature, a landscaping maintenance agreement can have important legal considerations. One aspect that needs to be carefully reviewed is the limit on liability of the landscape contractor. Landscape maintenance agreements commonly provide that the liability of the contractor is limited to the amount of its fees for the previous twelve months. This may be appropriate in the vast majority of cases, but if there are any reasons to expect significant liability it may be difficult to have such a limit of liability.
Another important aspect of the maintenance agreement is the duration that it is in effect. There can be a number of reasons that a contracting party would want this term to be as short as possible and the other party would want it to be longer. The precise time frame should be evaluated for each situation. While most terms in a landscaping maintenance agreement will have counterparts in most other contracts, the following provisions are commonly included to address issues particular to landscaping. It is important to consider the additional protections that may be necessary in the context of a landscape maintenance agreement.
Common Mistakes and How to Avoid Them
One of the most common pitfalls in landscaping maintenance agreements is ambiguity. When agreement terms are not clear and specific, it can result in undesirable outcomes for both the property owner and the landscaping company. Be sure to include specific details in the landscape maintenance plan (e.g., the number of visits per month, plant counts and sizes, frequency of mulching/fertilization).
Another way to avoid potential problems is to establish realistic expectations from the onset. Landscaping companies usually have experience with a variety of housing plans, price ranges, and geographical areas, and can offer suggestions about the best approaches to utilize in a particular plan or neighborhood.
Be prepared for modifications if the results are not as expected. This is a common occurrence—specifying the color of the patio furniture may not have been included in the plan. Any amendments to be made should be discussed with both parties and documented in writing.
Regularly review your contract to ensure it still meets the needs of the community. If the provider has done a great job, adding a few extra services might not be a bad idea! These adjustments will also help promote a strong working relationship with the landscaping company.
Criteria for Selecting a Landscaping Service Provider
Choosing the right landscaping service provider is essential to ensuring that your property is properly maintained according to your landscaping maintenance agreement. It can also make or break the success of your landscape project, big or small. There are a number of important criteria for selecting a reliable landscaping service provider, and it’s vital that you implement these criteria into your search for a company to hire to maintain your properties.
Another consideration is the service provider’s reputation. What do previous or current customers have to say about the company? Can they provide customer references and endorsements? If they can’t provide customer references and endorsements , be wary of hiring that company to maintain your properties. It’s equally important to find out what other services the provider offers. Are they limited to traditional landscape services, or do they also provide additional services such as irrigation installation, scheduling, and monitoring, drainage work, snow and ice management, lighting design, maintenance, installation, and turf management? These additional services will provide continuity during a landscape project. You should also consider a provider’s flexibility and ability to create a landscaping maintenance agreement (also called a service level agreement) tailored to your specific needs, based on the goals you want to achieve from the project.
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