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Discussion in 'Hardscaping' started by rarieta, Mar 25, 2014.
Could write a book about how many clients took my plans and got someone else to do the work.
I had my attorney add a clause into my contracts that noone else can install my designs.
I would like to see this 'clause' as I don't think that's enforceable at all... Kinda like saying "if you decide to not have me cut your grass, after I give you an estimate, no one else is allowed to" I don't think you can copyright a landscape.
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I'm familiar with such a clause. It's a good intimadator.
But if the prospective client does not accept the contract via signature......then that clause isn't worth the paper it's written on.
In order for the terms or a clause to be enforceable, the client has to agree to the terms or to the clause either verbally, or with a signature.
Attorneys crack me up, they know this stuff, yet they don't tell their clients this. "Oh you want this clause? Ok, give me $150 and I'll write it up". When all you gotta do is come to lawnsite.com and we'll help you draft the clause for free and we'll also tell you that it ain't worth the paper it's on.
Years ago our community took a formal vote not to replace a certain speed bump. Well, last summer one of the board members decides he wants to put the speed bump back, regardless of the formal vote that was taken. So he puts it back. A few of us question the board as to why the speed bump re-appeared and they say "well the attorney said we could". Oh course he did, he knows darn well that such an act would result in litigation, meaning an opportunity for he to make money! Yeah, thanks to Andrew Hardscape....that bump quickly became history.
Helps to know the right people.
Reality is, you can charge for your designs. Or you can consider doing the designs a sales/marketing expense and let them run wild and see what comes back to you. Or you do the dog and pony show, roll up the drawing, and take it with you, and when they say they want to look at the drawing to make a decision, you tell them it'll cost them a $500 non-refundable deposit for you to leave it with them, or they can make an appointment to come look at it at your office any time. That's how it works. Putting some verbiage on there that they can't legally install something based on your design? Please. If your ideas are so original that no one else could possibly come up with something similar, you should be charging for your design time.
Yeah and tell them there are to be no camera phones or recording devices in the room during the unveiling of their prospective new landscape design.
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I wasn't going to add it to my post, but I know it's not enforceable, but not all of my clients know that! Did I ever say I was going to enforce it? It's there for my clients to know that I don't deal with tire kickers and give out designs so they can have the next company come install it cheaper. DVS nailed it - it's an intimidator. But yes, for now - it's there.
And who said I don't charge for my designs? I never said I don't charge for my designs. I absolutely charge for them. I'm a design-build firm after all - not a lawncare company. If it's just a front yard enhancement, I'll sketch it up and they approve - then they just sign my installation contract. But for the bigger ones - there's an individual contract for design and for installation. With deposits on each.
I agree wih some of the other posts . want to save money go right over that sh*t , if you have a high pad fix it . as for the rest drill holes thru every 2 ft sq , screed sand over existing, lay pavers . done this a bunch of times . u can screed down to 1/2 an inch if needed