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Critique My Contract

Discussion in 'Business Operations' started by Smithers, Jan 2, 2005.

  1. Smithers

    Smithers LawnSite Silver Member
    Messages: 2,265

    Please critique my contract. You can copy it (or portions of it) but please leave a comment or a question if you do so..

    Let me know if i have missed anything.
  2. Braxton

    Braxton LawnSite Member
    from TN
    Messages: 81


    Let me hedge this by saying up front that I have no experience in the Green Industry; I hope to startup my company at the start of this season, so take what I say with that in mind. That said, here's my 2 cents. I did take a look at the contract, and a lot of it looks good to me. However, I didn't see anything that describes what is included with many of the services you offer. I'd at least spell out what is included in a weekly lawn service, just to avoid future problems. You might consider a separate agreement detail sheet for each service to be signed along with the work order.

    One other thing, and it may be a nitpicking thing, but it might be important, I don't know. I took a real estate course a while back, and if I remember correctly, for a contract to be valid, it has to be prepared by an attorney. That may be incorrect, but I think that's right. You might check into it, or you might consider just calling it a "service agreement," or you might choose to disregard what I have to say altogether. :) Just some things to consider, and as I said, my two cents. Hope it helps.

    Good luck w/it.

  3. eruuska

    eruuska LawnSite Senior Member
    Messages: 454

    Looks good. Short, sweet, and to the point.

  4. Smithers

    Smithers LawnSite Silver Member
    Messages: 2,265

    well, that's just great....55 people viewed it and only two comments, which i greatly appreciate.

    Braxton, thank you for your feedback. The "Notes" area was left to describe the job that i will be doing with handwritten description for each individual case. So, i did not think that i have to tell them what i will be doing if they get the weekly mowing service.

    Also, a contract is any written or oral aggreement. you dont have to have an attorney. If someone says, if you mow my lawn i will pay you $40. if you perform the job, you can take him to court if he does not pay.


    eruuska, thank you for your feedback as well.

    Anyone else has a comment? Or at least thank me if they copied it? :cool: :cool:
  5. Carolina Cutter

    Carolina Cutter LawnSite Senior Member
    Messages: 984

    Jeez....man don't get soo touchy. People will comment on it but there are going to be plenty of lookers.

    Personally.....I like it. But one thing kept coming up in my mind as I read it. I see by your profile that you have been in business for 1 year. Are you incorperated? If so.....no furthur comment....if not....you need to change that.

    Overall I think the contract looked good and should work great.

    But....after being in business for 6 years I haved learned one thing.....the word "Contract" scares potential customers off. Service Agreement is a better term. And I have also taken Real Estate training and he is correct that only attorneys can write legally binding contracts. If I were to hire you and sign your "contract" I could actually not pay you and you could take me to court and I would probably win. THink about it.
  6. Smithers

    Smithers LawnSite Silver Member
    Messages: 2,265

    Merlin, thanks for the comments.

    Yes, the business is a S-coproration.

    I agree about the "Service agreement". thanks for bringing it up. i actually have a client that said that he does not like to sign "contracts". so thanks for the feedback.

    I just took a class "Business Law and Ethics", which was taught by a lawyer. When he was talking about contracts, he brought up my example above.

    My wife used to work for an attorney and she would see all kind of cases with contracts...

    in my class, the book stated that a contract can be written on anything and everything....they were giving examples such as napkins, envelopes, table cloths, the side of a COW, even a fender off a John Deer Tractor....

    i am sure the fender was not approved by an attorney.

    again, thanks for the feedback. i am not getting touchy...just wanted some feedback.
  7. j fisher

    j fisher LawnSite Senior Member
    Messages: 294

    Petrentz, I thought your contract was pretty good. Pretty much covers all the basis. However, I agree with Merlin that the word "contract" tends to scare people off. The term "Service Agreement" would serve the same purpose. As far as the legality, theres no difference. I may be wrong, and after posting this reply I will check into more, but it is my understanding that any written document signed and agreed upon by two parties constitutes a legally binding agreement that will hold up in a court of law.
  8. Smithers

    Smithers LawnSite Silver Member
    Messages: 2,265

    J, thanks a lot.

    I agree with you. it was a simple equation:

    Offer+Acceptance+Consideration (The value given in return of a promise. Something of legally sufficient value and barganed for) = Contract

    I changed the word "Contract" already to service agreement
  9. Braxton

    Braxton LawnSite Member
    from TN
    Messages: 81


    Actually, I think that we're both correct; the term "contract" does refer to any agreement, written or oral, but to be binding, it must be written by an attourney(I beleive). Not to say that a contract written on a napkin (one of my instructor's examples) wouldn't be recognized, but one made by an attorney is binding (more binding?). I don't know, sure don't want to argue semantics, but I'd give it some thought.

    Also, I think the point about calling it a "service agreement" is valid. I read things, and understand what I'm reading, but the term "contract" still seems more rigid to me. Psychological thing, I suppose.

    Hey, whatever you decide, best of luck. I just hope I'm doing as well after one year in business.

  10. N.H.BOY

    N.H.BOY LawnSite Bronze Member
    Messages: 1,603

    Hey man I looked at your work and its a really good looking contract. I am sure a few will copy and use it. Good work :waving:

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