sample contracts wanted

Discussion in 'Starting a Lawn Care Business' started by justcuts21, Nov 6, 2007.

  1. justcuts21

    justcuts21 LawnSite Member
    Posts: 2

    i am just starting out and any sugestions on how to construct a contract or any samples would be great.
     
  2. TekLawn

    TekLawn LawnSite Member
    from Indiana
    Posts: 3

  3. Team-Green L&L

    Team-Green L&L LawnSite Bronze Member
    Posts: 1,776

    great time to use the "search" feature huh?
     
  4. GreenT

    GreenT LawnSite Fanatic
    Posts: 43,014

    Here you go skippy:

    - SAMPLE - CONTRACT CLAUSES
    LAWN AND LANDSCAPE MAINTENANCE CONTRACT

    This contract is an agreement between _______________, herein after referred to as the contractor, and __________, herein after referred to as the client. Contractor and client hereby promise and agree to the following: The contractor agrees to provide the services detailed in the following specifications and attached Technical Addendum. A maintenance worksheet will be supplied to the client each time work is done. The client agrees to pay the charges specified herein.

    PART I - LAWN MAINTENANCE SPECIFICATIONS:

    A. Mowing, Edging, and Trimming: All turf areas shall be mowed once per week from April 1 through October 31. The rest of the year mowing will be done as needed so that not more than 1/3 of the leaf blades are removed per mowing. Mowing shall be with a (reel/rotary/mulching) mower. Mower blades will be sharp at all times to provide a high quality cut and minimize disease. Mowing height will be in accordance with attached technical addendum, by grass type and variety. Clippings will be left on the lawn as long as no readily visible clumps remain on the grass surface 24 hours after moving. Otherwise, clippings will be collected and removed by the contractor. In the case of fungal disease outbreaks, clippings will be collected until the disease is controlled.

    All sidewalks, fences, driveways, parking lots, other surfaced areas bordered by grass, buildings adjacent to turf, and tree and plant rings and beds will be edged every other mowing. Turf around sprinkler heads will be trimmed so as to not interfere with nor intercept the output of water. Mono filament line trimmers will not be used around trees and shrubs where injury to the bark of plants could occur. Contractor will clean all clippings from sidewalks, curbs, and roadways immediately after mowing and/or edging.

    B. Fertilization: All turf areas shall be fertilized as per the applicable high/low maintenance level specification in the attached Technical Addendum. All complete fertilizers shall be granular in composition and contain 30% - 50% of the nitrogen in slow, or controlled release form. The ratio of nitrogen to potash will be 1:1 or 2:1 for complete fertilizer formulations. They shall also contain magnesium and micro nutrients (i.e. manganese, iron, zinc, copper, etc.).

    Fertilizers will be applied at a rate of one (1) pound of nitrogen per 1000 square feet. This is calculated by dividing the percent nitrogen into 100, (Example: If a 16-4-8 fertilizer is used, then 16 is divided into 100 = 6+ pounds of 16-4-8 will be spread over 1000 square feet of lawn area).

    C. Pest Control: The contractor will inspect lawn areas each visit for indications of pest problems and advise the client or representative of such problems.

    Upon confirmation of a specific problem requiring treatment, pesticides will be applied as needed on a spot treatment basis following University of Florida, IFAS recommendations using least toxic Integrated Pest Management (I.P.M.) procedures. If requested, pre emergent herbicides will be broadcast in February and October for weed control. Post emergent herbicides may not be applied to turf areas without the express approval of the client. This includes weed and feed formulations. Records will be kept on pests identified and treatment(s) rendered for control.

    All pest control service is in addition to the basic contract charges. The amount charged will be on a per job basis based on materials, cost, plus labor. The cost will be agreed on by client and contractor prior to such service being rendered.

    Pesticide applications will be made in accordance with the rules and regulations governing use of pesticides in Florida.

    The pest control applicator will be operating under License #____, Expiration Date _____. All spraying of pesticides will be done prior to 10:30 a.m. and at temperatures below 80 degrees Ferenheight.

    D. Thatch Control: (See Optional Services)

    PART II - LANDSCAPE PLANT MAINTENANCE SPECIFICATIONS (Trees, Palms, Shrubs, Ground Covers):

    A. Fertilization: Ornamental shrubs and trees planted less than five (5) years shall be fertilized three (3) times per year. Applications shall be made during the months of February, May, and September. Shrubs and trees more than five (5) years old in the landscape shall be fertilized twice a year in March and September. Shrubs and trees in lawn areas exposed to lawn fertilizations will not be supplementally fertilized. Rate will be one (1) pound of nitrogen per 1,000 square feet or equivalent.

    Mature palms should receive a complete, granular fertilizer formulated for palms four (4) times per year at a rate of six (6) pounds each application. Palms under eight feet in height should receive 2-5 pounds four times per year.

    All fertilizers should contain equal amounts of nitrogen and potassium and at least 30% of both elements should be available in slow release form. The fertilizer should also contain additional magnesium and a complete micro nutrient amendment. Acceptable basic analysis includes 8-2-8, 10-5-10, and 12-4-12. Queen palms will receive a supplement of manganese sulfate at the rate of five (5) pounds per mature palm in March. Any date palms showing chlorosis of the lower leaves will receive applications of magnesium sulfate twice per year.

    All fertilizers shall be applied by broadcasting beyond the drip line taking care to avoid putting fertilizer against the trunk following guidelines recommended by the University of Florida, IFAS. Fertilizer may be punched into the soil on berms and steep slopes where runoff is likely.

    B. Pest Control: Contractor shall practice Integrated Pest Management (I.P.M.) to control insects, diseases and weeds on and around perennials, ground covers, shrubs, vines, and trees. This will include weekly monitoring and spot treatment as necessary using least toxic methods. All spraying will be done before 10:30 a.m. and at temperatures below 80 degrees Ferenheight of first choice will be insecticidal soaps, horticultural oils and biological controls such as Bacillus thuringiensis(Bt) formulations. Weeds in beds or mulched areas will be removed weekly mechanically or by hand. Upon client approval, herbicides may be employed for heavy infestations, or to treat parasitic weeds in palm roots. Weeds in paved areas will be controlled with string trimmers.

    C. Pruning: Shrubs will be pruned by hand as needed to ensure proper informal shape, fullness, and bloom. Electric or gasoline powered shears will not be used in pruning. Tree and palm pruning will be done once per year and is limited to branches below twenty (20) feet in height and palm fronds. The contractor will remove all litter. No trees, under utility lines will be pruned and no pruning will be done during or immediately following growth flushes. Branches will be pruned just outside the brand collar. Pruning paint will not be applied. Sucker growth will be removed by hand from the base of trees. No herbicides will be used for this purpose.

    D. Mulching: All mulched areas shall be replenished once a year during the winter months (Nov. - Feb.) with _________ (cypress, pine bark, melaleuca, recycled, etc.) mulch to maintain a depth of three (3) inches. All curb, roadway and bed line edges will be trenched to help contain the applied mulch. Additional mulch will be billed at $____ per yard. Mulch will not be placed against the trunks of plants.

    PART III - OPTIONAL SERVICES

    A. Annual Flowers: Replacement of existing annuals shall be done ___ times per year. Major renovation of annual beds shall be accomplished once per year in __________.

    Replacement of plants due to pest damage or contractor negligence will be done without cost to client. Replacement of stolen, vandalized or damaged flowers will be charged based on $____ per plant.

    Annuals/bedding plants shall be fertilized monthly, at a rate of 1/2 pound of nitrogen per 1,000 square feet of area every two (2) weeks or a slow release fertilizer such as Osmocote or Nutricote (3-4 month release) shall be incorporated in the bed at planting. Contractor will be responsible for weed control by hand or mechanical means, no herbicides will be used in annual beds. Pest control will follow I.P.M. principals.

    B. Irrigation Systems: The contractor shall inspect and test all components and zones in the irrigation system monthly and shall reset zone times according to seasonal changes. Minor adjustments and repairs such as head/emitter cleaning replacement, filter cleaning, small leaks, and minor timer adjustments shall be made by the contractor, with the client paying for parts. Once a year the contractor will recalibrate each zone following Cooperative Extension Service recommendations. During weekly maintenance the contractor will note and report to client any symptoms of inadequate or excessive irrigation, drainage problems, etc. Repairs or system service beyond the above scope will be charged at an hourly rate per man plus parts. The contractor will notify the client or client's agent, of the nature of the problem before repairs are made.

    C. Thatch Removal/Scalping: Removal of thatch (a spongy, build-up of dead and living grass shoot, stems, and roots) should be considered when thatch thickness exceeds one inch. The best time for a thatch removal is March through August when the turfgrass is rapidly growing. Thatch removal is in addition to the basic contract charges.

    Verticutting using a vertical mower is the recommended method of removing thatch from Bermuda, St. Augustine, and Centipede lawns. Bahai grass lawns can be power-raked rather than verticut. Resulting debris will be removed. Remaining turf will be mowed and irrigated. Fertilization with a soluble nitrogen source at #1 N per 1,000 square feet will be applied one week after dethatching. Scalping is not a substitute for vertical mowing, Scalping, for whatever reason should only be done in spring.

    D. Other Accessorial Services Available: (Priced by contractor on a per job basis):

    · Landscape additions/renovations/transplanting. If necessary, transplantation of existing trees will be accomplished during January/February for dormant species, and April/September for palms.
    · Plant replacement not attributed to contractor negligence.
    · Turf replacement.
    · Application of plant growth regulators.
    · Maintenance of aquatic sites.
    · General hauling.
    · Major irrigation system modifications.
    · Interior plant maintenance.

    PART IV - INSURANCE, LICENSES, PERMITS, LIABILITIES

    A. The contractor will carry liability amounts and workmen's compensation coverage on his operators and employees and require same of any sub-contractors and provide proof of it to the client. The contractor is also responsible for obtaining any licenses and/or permits required by law for activities on client's property.

    B. Liability—The contractor is liable for:
    1. Any damage due to operation of his equipment in performing the contract.
    2. Complying with all laws pertaining to protected plant species such as the mangrove.
    3. Damage to plant material due to improper horticulture practices.
    4. Improper installation of irrigation system replacement components.
    5. Injury to non-target organisms in application of pesticides.

    C. The contractor is not responsible for:
    1. Death or decline of plant materials due to improper selection, placement, planting, or maintenance before the time of this contract.
    2. Damage due to improper irrigation components in existence at the time of contract execution.
    3. Exposed cables/wires or sprinkler components/lines normally found below the surface of the lawn.
    4. Flooding, storm or wind damage.
    5. Disease or damage to lawns or landscape plants caused by excessive irrigation or lack of water to inoperative irrigation components provided he reported these to client, or irrigation restrictions imposed by the Water Management District or civil authorities.
    6. Damage caused by any item hidden in the landscape and not clearly guarded or marked.
    7. Damage due to vandalism.

    PART V - PROPERTY DESCRIPTION, SERVICES PROVIDED, TERMS, CONDITIONS, AND CHARGES

    A. This contract is for maintenance for property located and described as: ___________________________________________________________

    B. The term of the contract is for __________ year(s) beginning __________ and ending __________. Client or contractor can cancel this contract at any time by giving thirty (30) days written notice.

    C. The charge for the specified services is $____ per month for the term of this contract payable by the last day of each month for which service is provided. The client will receive an invoice at the end of the month and payment is due within ten (10) days from the date of the invoice. Any additional or unscheduled services agreed on by client and contractor will be billed separately.

    I HAVE READ FULLY THE ABOVE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.

    In witness whereof, the parties to this contract have signed and executed it as indicated.



    _____________________________________ ________________
    Client Date


    _____________________________________ ________________
    Contractor Date




    That will be $500.00 :dancing:
     

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