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Newguy25
01-30-2009, 09:41 PM
I am reworking the specifics on my contracts for Hardscaping. I could use some help if someone can share how they word certain things like there guarantees, specifics of changes, disputes, workmanship etc. Thanks for any help u can give me.:confused:

Newguy25
01-31-2009, 04:18 PM
Any ideas where i can find some help on this? Thanks:usflag:

Summit L & D
01-31-2009, 05:25 PM
This topic has been discussed several times in the last month. Try a search using the word "contract", and you'll find the discussions.

tatmkr
02-05-2009, 12:35 AM
Most important is to have words "I personally guarantee" this is your saving grace in a bankruptcy case. Good Luck.

Contract Terms & Conditions
- Landscape plants are warranted for a period of one year from the date of completion. Warranty is only valid is the plant material has been properly maintained and is not subject to unforeseen circumstances.
_ Hardscapes craftsmanship is warranted for a period of 3 years from the date of completion. Warranty does not cover issues regarding patio sand.
- All paver installations include the use of polymeric sand to help prevent sand erosion and weed growth.
- Warranties on materials shall be covered by their respective manufacturers.
- This proposal is valid for 30 days.
- A 20% deposit is required at signing. An additional 30% deposit is required before work shall commence. The final balance of this signed contract is due upon completion. Late fees will be assessed to all delinquent accounts.
- Any additional work or changes to this contract shall be handled separately from this agreement.
- Deposits are non- refundable after the 3 day customer right of recidivism.
- Not responsible for hidden, unforeseen, or buried objects.
By signing this contract I personally guarantee and accept the terms and conditions of this contract.

________________________________________________ ___________________
Homeowner Date
________________________________________________ ___________________
Dublin Landscapes- Justin Kelly- Owner Date

Classic Landscaping
02-12-2009, 01:10 AM
Look into ICPI certification. They discuss this subject in great detail. The certification also provides you with outstanding credibility.

kootoomootoo
02-12-2009, 08:31 AM
Look into ICPI certification. They discuss this subject in great detail. The certification also provides you with outstanding credibility.

Your kidding right.

LB1234
02-14-2009, 12:41 PM
Your kidding right.

LOL...now THAT is really, really funny.

Not just creditability...but OUTSTANDING creditability!!

tatmkr
02-14-2009, 02:08 PM
The funny part is that most homeowners don't know the difference. I love to tell them that I only hire "certified installers". I never get questioned on who certified them or what it means. If pressed I would have to admit that they are "Justin Certified", but they eat it up! lol :hammerhead:

kootoomootoo
02-14-2009, 05:33 PM
I just show them pics of the certified contractors work...

tthomass
02-14-2009, 10:23 PM
Most important is to have words "I personally guarantee" this is your saving grace in a bankruptcy case. Good Luck.

-A little detail please? I get it I guess but some specifics? Thanks.

PlatinumLandCon
02-14-2009, 10:38 PM
Most important is to have words "I personally guarantee" this is your saving grace in a bankruptcy case. Good Luck.

-A little detail please? I get it I guess but some specifics? Thanks.

+1. Who else would guarantee on the homeowner's behalf? A contractor can say his company guarantees so he's not personally on the hook (at least thats my understanding) but if "I personally guarantee" is on the contractor's side, then its HIM that needs to make it right.

LB1234
02-15-2009, 12:11 AM
+1. Who else would guarantee on the homeowner's behalf? A contractor can say his company guarantees so he's not personally on the hook (at least thats my understanding) but if "I personally guarantee" is on the contractor's side, then its HIM that needs to make it right.

I would be EXTREMELY careful about the words 'personally' on any of your documents, especially contracts. You are acting on behalf of your business not on behalf of yourself.

My lawyer told me when I first started to make sure whenever doing any type of coorespondence, letters, emails, etc. to always state my name, whom I am in the company followed by the company name. He claims he has seen numerous cases where when someone sues a company they go after the owners personal assets as well (whether LLC, Corp., whatever) AND WIN!!! He says its b/c the other lawyers prove that they weren't working on behalf of the company. Your terminology just rings "sue me and take my house."

PlatinumLandCon
02-15-2009, 01:01 AM
I would be EXTREMELY careful about the words 'personally' on any of your documents, especially contracts. You are acting on behalf of your business not on behalf of yourself.

My lawyer told me when I first started to make sure whenever doing any type of coorespondence, letters, emails, etc. to always state my name, whom I am in the company followed by the company name. He claims he has seen numerous cases where when someone sues a company they go after the owners personal assets as well (whether LLC, Corp., whatever) AND WIN!!! He says its b/c the other lawyers prove that they weren't working on behalf of the company. Your terminology just rings "sue me and take my house."

No no no, thats exactly what I'm saying. If a contractor puts that, then they're putting themself on the line. BUT if a homeowner puts it, it really doesn't make a difference because they aren't representing someone, they're alone in the contract as the property owner.

Bru75
02-15-2009, 01:24 AM
I don't get the "personal" guarantee, either. If your contract is with the homeowner personally, and they go bankrupt, would'nt they be personally bankrupt?

tatmkr
02-15-2009, 02:07 PM
Most important is to have words "I personally guarantee" this is your saving grace in a bankruptcy case. Good Luck.

True words of wisdom. The last company I was at was burned on a 40k landscape install for a new hotel. The lawyer said that if we just had those simple words in the contract then we would have recovered all of the money.