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Fireguy119
06-19-2010, 03:39 AM
Hi all,
what do most of you guys add to the contracts for your lawn account customers? Was wondering how much detail you go into. If you guys have any examples you could send me (not looking to copy or plagiarize) I would really like to see what everyone adds to the contract and how indepth you go.

Thanks all!
gbfd_schueler@yahoo.com

jvanvliet
06-19-2010, 07:44 AM
AGREEMENT

This AGREEMENT by and between P & C Property Management, Inc. (herein referred to as "P&C") Post Office Box 244783, Boynton Beach, Florida 33425-4783 and Capporella Group, is being entered into on:

_________________________________________________________________________________________.

Subject property is a fourplex located in Lighthouse Point, Florida, and is comprised of all green areas.

Address:________________________________________________________________________________

LANDSCAPING SERVICES

"P&C" will perform all the required landscape maintenance as indicated below:

1. Mow all grass areas 32 (Thirty) cutting times per year;

2. Edge all sidewalks, parking areas, roadways and flower beds each time area is mowed;

3. Trimming - Hedges will be trimmed at the direction of the Capporella Group and at additional cost. All shrubs, plants, bushes and hedges will be trimmed to maintain a neat and proper appearance.. The clippings will be removed the same day as cutting. This is commercial maintenance and no hand pruning or custom landscaping is included, intended or implied.

4. Pruning - Bottom prune of all trees are at the direction of the Capporella Group and at additional cost. Pruning is up to 8' on the common elements as directed. Pruning does not include tree surgery, removal, topping, thinning out or ornamental shaping;

5. Weeding and Cleaning Flowerbeds - All planter beds in the common area will be weeded using “Roundup” or generic and cleaned as needed to maintain a neat appearance;

6. Weed control – paved and concrete surfaces where weeds are a problem will be treated with a commercial quality herbicide as needed to maintain a neat appearance.

7. Blowers will be used to remove lawn clippings after each mowing. "P&C" will attempt to minimize the blowing of cuttings back into the just cut lawns. Note that "P&C" uses mulching lawnmowers;

8. P & C will replace sprinkler heads damaged as a result of carelessness or negligence during normal lawn care operations at no charge to the Association.

TERMS & CONDITIONS

1. "P&C" shall not be responsible for the cost of clean up and/or in the event there is an "Act of God" (including, but not limited to hurricanes and floods). Services rendered for any "Act of God" will be performed at additional cost.

2. All "P&C" personnel will wear a P&C, Inc. shirt at all times while on the Association property for ease of identification.

3. "P&C" does not encourage and specifically discourages the Capporella Group and/or homeowners from soliciting or hiring any "P&C" employee to perform work after normal working hours. "P&C" is not responsible for the performance or conduct of any "P&C" employee working in such a manner or capacity.

4. P&C shall have the right to bid any landscape installations, irrigation upgrades, renovation or replacement with first right of refusal to meet or beat best bid.

5. No changes or modifications of this Agreement shall be valid unless in written form and executed by both parties.

6. Any renewal or extension of the term of this contract shall be negotiated between the parties and approved in writing.

7. Both "P&C" and Capporella Group have the right to terminate this contract, with cause, with a thirty (30) day written notice.

Fees, Billing & Cancellations:

The monthly fees shall be $185.00 for landscape maintenance as outlined above plus the cost for additional services**. Billing will be in advance of service and payable upon receipt.

Either party may cancel this agreement with thirty days written notice. Failure of Association to pay for services provided may result in legal action including but not limited to the filing of a lien. Association will be responsible for any expenses, including legal fees, incurred by P & C in the attempts to collect the debt.

* In the event of excessive rain, tropical storm, hurricane or other acts of God, P & C will make every effort to resume services at the next earliest opportunity.
** Additional services consist of any service not specifically outlined in this agreement.

TERM


1. The contract shall commence on ______________ and terminate on ________________________


PRICE

2008 – 2009 Total Landscape Maintenance:
Annual - $2,220.00 Monthly - $ 185.00


Authorized Agent _______________________ for Capporella Group
Date: _________________________
Authorized Agent _______________________ for P & C, Inc.
Date: _________________________


:waving:

Fireguy119
06-19-2010, 08:45 AM
very detailed. Do you personalize all your commercial agreements so they pertain to that particular job? How about residential agreements? Do you use the same format or something different? thanks for the example jvan!

jvanvliet
06-20-2010, 07:06 AM
That one is residential, I am a commercial LCO; my commercial contracts are entirely different, and yes I do customize commercial agreements so that they meet the specs, residential also.

andyslawncare
07-31-2010, 06:08 PM
the more information in a contract, the more protected you are

Roger
07-31-2010, 09:34 PM
the more information in a contract, the more protected you are

Protected from what?

topsites
07-31-2010, 10:17 PM
What exactly is this contract you speak of?

andyslawncare
07-31-2010, 11:23 PM
protected from your customer holding you to doing things they don't pay for. Protected when your client doesn't pay and you have to file with small claims court...

several things...

Roger
08-01-2010, 07:40 AM
andy, I think we are talking about simple residential lawn mowing here. If you don't have a good enough relationship with your customer to understand the scope of work apart from lines on a piece of paper, you have a problem with customer relations. Residential lawn mowing is the simplest of tasks that might include trimming, blowing off debris, etc. Putting a piece of paper before a homeowner to spell out these simple things only creates an adversarial relationship from the beginning.

A customer of mine just told me this week of her experience with a plumbing company that is attempting to penetrate this market. They have fancy trucks, pushing their services with much advertising. She called them needing a commode unplugged. The first thing the plumber did on arrival was ask her to sign a contract. "A contract?," she asks, "the only need is to unplug the commode." She asked him to leave, and she called somebody else to do the work. The story is not unlike asking somebody to cut the grass, trim, etc.

As far as getting paid, LS is highly populated with threads that discuss, "... I have a contract, but the customer did not pay." Having a contract and getting a favorable ruling in a small claims court does not mean you will get paid. The honesty and integrity of the customer will determine your payment, or not. Residential lawn mowing typically involves small sums of money and limited scopes of work.

jvanvliet
08-01-2010, 08:24 AM
andy, I think we are talking about simple residential lawn mowing here. If you don't have a good enough relationship with your customer to understand the scope of work apart from lines on a piece of paper, you have a problem with customer relations. Residential lawn mowing is the simplest of tasks that might include trimming, blowing off debris, etc. Putting a piece of paper before a homeowner to spell out these simple things only creates an adversarial relationship from the beginning.

A customer of mine just told me this week of her experience with a plumbing company that is attempting to penetrate this market. They have fancy trucks, pushing their services with much advertising. She called them needing a commode unplugged. The first thing the plumber did on arrival was ask her to sign a contract. "A contract?," she asks, "the only need is to unplug the commode." She asked him to leave, and she called somebody else to do the work. The story is not unlike asking somebody to cut the grass, trim, etc.

As far as getting paid, LS is highly populated with threads that discuss, "... I have a contract, but the customer did not pay." Having a contract and getting a favorable ruling in a small claims court does not mean you will get paid. The honesty and integrity of the customer will determine your payment, or not. Residential lawn mowing typically involves small sums of money and limited scopes of work.

Any contract or agreement is only as good as the parties intention to honor it. Filing a mechanics lien is cheap, you can do it yourself with forms that are available for free on line; and they get results!

I have service agreements for the simple reason that it outlines what it is I agreed to do and for how much money since I'm a professional Lawn Care Operator, licensed, insured, etc. I don't just merely "cut the grass" in Podunk out of the back of a pick up truck.

Anybody in the industry for more than 30 days finds out that a significant gap develops between what you agreed to do and what they expect you to. Remarkably, they always believe you had agreed to do a lot more than you remember. An agreement avoids confusion.

If my business has moved beyond mowing family and friends, usually no "relationship" exists between the prospective client and me at the time of the agreement. Getting them to sign the agreement is simple because I tell them it protects them from unscrupulous LCO's (like everybody else) since I'll put in writing what I'm going to do for them.

If they don't agree to sign a reasonably termed agreement, they probably never had any intention of honoring the verbal one... I just move on and let other suckers do the work.

Unlike the plumber who wanted a contract for herding a few turds and snaking a plugged pipe; I'll be back week after week. It's a good idea that all parties have an understanding of what the terms and level of services are, it's also professional.

jvanvliet
08-01-2010, 08:37 AM
Might check this thread out...

http://www.lawnsite.com/showthread.php?t=324886