A landscaping contract is a legal agreement between a landscaping service provider and their client that outlines the working terms. It includes conditions of contract, like what work will be done, where it will be done, how much it will cost, when it will be completed, and the responsibilities of both clients and landscapers.
In short, it brings clarity to both one-time and recurring landscaping projects. This contract covers design and installation, planting, hardscaping (patios, walkways), irrigation setup, and maintenance jobs. It is also known as the landscaping services agreement, the landscape contractor contract, and the landscape installation contract.
But creating a contract from scratch can be a complete workout. That is where WordLayouts’ landscaping contract template comes in. This editable template includes all standard clauses necessary for a compliant agreement. It is ready-to-use and is available in multiple formats, i.e., Microsoft Word and Google Docs.
Before diving into the details of the contract, it’s important to understand the difference between a landscaping contract and a landscaping maintenance contract.
Landscaping Contract Vs Landscaping Maintenance Contract
A landscaping contract is a general contract with a broader scope. These are mostly used for one-time or ongoing projects, installations, designing, and even maintenance. For example, building a garden or creating a patio will require a landscaping contract.
On the other hand, landscaping maintenance contracts are upkeep contracts specially used for routine maintenance like pruning, fertilization, and lawn mowing. These are recurring in nature (weekly, bi-weekly, monthly) and are used for long-term projects. For example, mowing the lawn every week or monthly garden maintenance.
The former usually ends upon project completion, while the latter operates on a seasonal or annual basis.
Who Can Use this Template?
In general, this template can be used by:
- Landscaping companies
- Independent landscapers
- Homeowners
- Commercial property owners
- Businesses hiring landscaping services
- Contract managers or property managers oversee maintenance or development projects.
Now let’s explore the clauses of the template step by step.
Parties to the Contract
Start the contract by writing down the date and naming the parties involved. You also need to include the company name, phone, email, address of the client, and the service provider.
Also mention the location of the property where landscaping will be performed.
I. Scope of Work
Here, the template defines what kind of landscaping services the contractor will be providing. Our template allows you to customize this section as per your needs by leaving blanks. You can write down the services both parties have agreed upon as the scope of work. For example, landscape design and installation, planting trees or large shrubs, grading or reshaping land, sod installation or full lawn replacement, irrigation system installation or repair, drainage solutions for runoff or pooling, and hardscaping (retaining walls, patios, walkways).
II. Client Responsibilities
Here you can list down the cooperation provider’s needs from the client to ensure smooth operations. It can include secure access to the working area, availability of water, electricity, and other required equipment, and removing obstacles that may interfere with work, etc.
III. Service Provider Responsibilities
In this section of the template, write down the responsibilities of the service provider. It obligates the service provider to perform all services in accordance with the terms of the agreement.
IV. Timeline
This clause helps both parties set a timeline for the commencement of landscaping services. Initially, the template provides a space to write down the start date of the work. Next, it gives three options regarding the ending date. In the first option, it lets you set the date of completion. The second option allows the provider to complete work within a commercially reasonable period despite obstacles like weather conditions, material availability, etc.
Lastly, it gives an “other” option, which both parties can use to set an end time and the circumstances of their choice.
V. Compensation and Payment Terms
According to this clause, the client will pay the service provider fair compensation for landscaping services under this contract. Our template allows four options to decide a payment basis: per hour, total for the entire scope of work, scheduled service visit, and other. In the “other” option, both parties can set a payment rule other than the three mentioned above after mutual consent. Check that applies.
Next up, the template requires its user to select a payment schedule from five given options:
- Upon completion of all services
- Monthly – Due on the ___ day of each month
- Quarterly – Due on the ___ day of every third month
- Annually – Due in full on ______________________
- Other: ______
Lastly, you have to select a payment method. The given options are cash, check, ACH transfer, and other. You can fill out this entire section after mutual agreement.
Late payment penalties
The section also has a sub-section regarding late payment to protect providers’ rights. It allows both parties to set a payment deadline and a late fee amount in case of late payment. If payment remains unpaid even after that, then the provider has the right to suspend services after a set number of days. The client will be responsible for all the liabilities, including recovery costs, legal fees, etc.
Landscaping price range in the US
The price range for landscaping varies depending on whether it is residential or commercial landscaping. On the residential level, a pro landscaper’s basic work rate is $4.50 to $14.50 per sq ft. On average, homeowners pay $1,400 to $1,660 for professional landscaping services.
For commercial landscaping, the typical range is $1.50 to $9.00 per sq ft., but it also depends on the type of task. For example, Irrigation installation costs $1.00 – $5.00 per sq ft, planting & sod costs $1.00 – $6.50 per sq ft, hardscape/paving costs $2.50 – $12.00 per sq ft, and routine commercial maintenance costs $0.25 – $1.60 per sq ft annually.
VI. Finance Charge
This clause of the template allows signing parties to decide whether they want any finance charge (extra charge) to be applied to the agreement or not. Finance charge is an additional fee or interest cost applied to the total cost of service in case of payment delays or when the client wants to pay in installments rather than upfront.
Our template allows two options: No finance charge applies, and Finance charge applies. We have left a blank space for you to write down the agreed-upon percentage of the finance charge.
VII. Down Payment
This section allows parties to choose whether they want a down payment or not. In case you want a down payment, our template lets you decide a mutually agreed-upon amount that is paid by the client upon execution of the agreement to secure commitment. It’s mostly credited towards the total payment of the service.
Lastly, the clause requires you to decide the refundability or non-refundability of the down payment. You can select whatever suits you.
VIII. Effect of Final Payment
This clause is added to maintain that the final payment acts as formal acceptance of the completed work. It limits the client’s ability to raise new complaints after payment, except for any remaining warranty obligations or unresolved claims made in writing before or at the time of final payment.
IX. Materials and Equipment
Both parties decide who will be providing the material and equipment required for landscaping. Our template adds two choices
- The service provider provides material and equipment
- The client provides material and equipment
Materials include plants, soil, mulch, gravel, sod, irrigation components, and other machinery required to carry out the task. You can choose the option that best fits your situation. All material and equipment must be returned to the owning party upon project completion in good condition.
X. Materials Price Increase
This clause deals with the unexpected price increase in material or equipment costs. In case of any price increase after the signing of the contract, the contractor can charge the difference. But they must provide the client with proof, such as a receipt, an invoice, etc.
The additional cost will then be added to the next payment or the final invoice.
XI. Workmanship and Warranty
This clause defines the expectations for the quality of work. It deals with post-work responsibilities. Here we have added two scenarios: No Warranty and Limited Warranty.
If you selected no warranty, then the contractor will not be responsible for any objections after the acceptance of work by the client. It means that the client has accepted the work “as is.”
The second option is a limited warranty. In this case, the provider can be held responsible for a set period of time and limited issues. We have left space; you can write down the covered issues as per your preference. But the listed issues must be caused by poor workmanship. It shouldn’t be based on factors beyond the service provider’s control, such as plant health, weather, etc.
XII. Commercial Liability Insurance
This section is for service providers to disclose if they have commercial general liability insurance. It’s important to protect providers from property damage or injuries during work for which they can be held liable. Our template allows 5 options:
- If the service provider carries commercial general liability insurance, then they need to share enough details so the client can check the policy.
- If the provider has no insurance.
- The service provider is self-insured.
- Provider is a limited liability company (LLC) that either carries commercial general liability insurance or maintains other security as required by applicable law. The client has the right to verify insurance. They can also ask for proof, usually a certificate of insurance, to confirm the policy is real and still in effect.
- Other (this option is added to accommodate any alternative insurance arrangement)
XIII. Termination
Termination is a standard clause added in the contracts to explain the circumstances under which the contract can be terminated. Our template adds 4 termination situations. You can select one that best describes your cause.
- Automatic termination: Both parties decide a mutual date on which the contract automatically terminates.
- Termination by client: When the client terminates the contract by providing the notice period.
- Termination by the service provider: When the service provider terminates the contract by providing a notice period.
- Other: any other circumstances that can lead to termination. You can fill this section according to your preferences.
XIV. Change Order
This clause states that any alteration in the scope of services must be documented through a written change order. It includes changes in scope, cost, and timeline of the project. These kinds of alterations must be made after the mutual decision and written consent of both parties. Once the change order is approved, it will be considered an integral binding part of this contract.
XV. Toxic or Hazardous Materials
This clause is added to protect both the service provider and the environment from toxic or hazardous material found during service. The clause states that the provider must immediately inform the client in writing about the affected area, and the work must be suspended.
This clause requires the client to arrange and finance the necessary inspection or cleaning, and then provide a written notice to the provider to resume work. Finances related to this will be dealt with outside the scope of this agreement.
XVI. Lien Releases
On the flip side, this clause protects the client from payment scams. A lien release is a document that confirms that the contractor has been paid and is now giving up their right to file a mechanic’s lien. When someone works on land, they get the legal right to file a lien if they aren’t paid. A lien release in compliance with laws protects you from that.
The clause makes the contractor, along with any subcontractors, laborers, or material suppliers, provide the client with a signed document confirming they have been paid. It also waives the contractor’s right to file a lien against the client’s property.
XVII. Inspection of Services
Our template gives the client the right to properly inspect the service the landscaper performed before payment. If the client finds any part of the service to be unsatisfactory or poorly done, they can send a written complaint to the provider. Upon complaint, the provider is then obliged to correct the mistake at no additional cost. Here, it’s important to note that in case of no objection within this period, the work will be considered satisfactory.
XVIII. Required Licenses
This section of the template ensures that all individuals performing services under this agreement must have the proper licenses, certifications, registrations, and permits required by applicable laws. Any lapse or violation may result in the immediate suspension of the related work and may also be subject to investigation or enforcement by the appropriate regulatory authorities.
Landscaping licenses in the US
There is no single federal requirement for landscaping licenses in the US. However, the requirements vary depending on the scope of work and the state law. So it is important to verify applicable regulations before providing services.
In many states, basic lawn care services do not require a specialized license. However, providers should still register locally, obtain a general business license, and comply with other basic legal requirements. They may also need a state contractor or landscaping license or specialized licenses and certifications, depending on the scope of work.
Operating without the required licenses can lead to financial penalties, legal action, or business restrictions. Let us look at some licenses that may be required in your line of work.
General business license
Landscaping businesses mostly obtain a general business license from the local city or county authority. This allows the businesses to operate legally, enter into contracts, and accept payments. To obtain, one needs to:
- Register their business entity
- Check local and state requirements, as they can vary by location
- Submit an application
- Pay the required licensing fee
In case you want to hire employees too, then you will also need an Employer Identification Number (EIN), which is used for tax reporting. In many states, these licenses are renewed annually, such as in Washington and Nevada.
Next, we have a state contractor or landscaping license.
State contractor or landscaping license
These licenses are required mostly for services that go beyond basic maintenance.
This applies when:
- Project costs exceed thresholds
- When working on commercial properties
- Services include irrigation, hardscaping, grading, and structural landscaping
Requirements vary by state and include experience, examinations, or registration with a contractor licensing board.
Specialized licenses and certifications
Sometimes states require some specialized licenses and certifications. For example, pesticide application, irrigation work, tree trimming or removal, or fertilizer application.
Pesticide application license:
If your landscaping services involve applying restricted-use pesticides (RUPs), you must obtain certification set by the Environmental Protection Agency (EPA).
Due to the health concerns associated with pesticides, purchasing and using them requires a particular license in almost every state. The same applies to herbicides as well.
Moreover, many states require all commercial pesticide applicators to be certified and trained on the safe use of pesticides, not only those applying restricted-use products. Violations can lead to regulatory fines, environmental penalties, and legal liabilities.
Irrigation license:
An irrigation license is also required by some states to install or repair irrigation systems. Not having one can lead to fines. Moreover, you can be held liable for water contamination, backflow issues, or property damage.
Tree trimming or removal license:
Just like an irrigation license, some states also require a tree trimming or removal license for protection purposes, as tree work can be hazardous. These are required in areas where work affects public safety or environmental regulations. Not having it can lead to fines; for example, in San Jose, you may face fines of up to $15,000 per tree.
Fertilizer application certificate:
Similarly, you may also require a fertilizer application certification, as it can create major hazards. Nitrogen and phosphorus are harmful nutrients in fertilizers that can get into the environment and can mix in water bodies. They promote algae blooms in the water, which devour oxygen and block sunlight. Operating without a certificate can make Business owners face legal repercussions and financial penalties.
That’s why it’s important to check your state-level regulations to ensure you have proper documentation before starting work.
XIX. Nature of Relationship
This clause identifies the service provider as an independent contractor. It means that the provider in no way claims an employee relationship with the client or claims any benefits associated with such relationships.
Moreover, the service provider shall not represent or bind the client in any capacity or incur obligations on their behalf, such as sign agreements with suppliers, make promises, or commit the client to any payments they have not agreed to.
XX. Taxes
Due to the independent nature of the contract, the provider will solely be responsible for managing all types of state, local, and federal taxes. It includes income tax, self-employment tax, social security, etc.
XXI. Claims
This section is added to address claims. If either party has a problem (such as payment issues or work disputes), they must send a written notice via certified mail. Both sides then have a set number of business days to try to resolve the issue before taking legal action as outlined in provision XXIII.
Additional Common Clauses
To provide legal clarity, we have also added these additional common clauses:
Clause XXII protects both parties from liability in case of delay or inability to carry out responsibilities caused by events beyond their control. It includes natural disasters, government actions, or emergencies.
Clause XXIII requires the agreement parties to resolve disputes through negotiation first, then mediation, and finally, through arbitration if necessary. The template has the city and state text fields blank. The user can fill it according to their needs.
Clause XXIV states that failure to enforce any part of the agreement does not waive the right to enforce it later unless agreed upon in writing.
Clause XXV is added to make any changes to the agreement. It states that any amendments must be made in writing and signed by both parties to be valid. Verbal agreements aren’t legally binding.
Clause XXVI obligates both parties to make all official communication in writing through approved delivery methods. Our template has blank spaces for the client and provider to write down their delivery address to make sure that notices securely reach the receiver.
Clause XXVII specifies which state governs the agreement. It clarifies how the disputes from this agreement will be interpreted and resolved. The template has a text field where you can fill in your state name.
Here, it’s important to know that in the US, contracts and agreements have a choice of law. Under US Restatement (Second) of Conflict of Laws § 187, signing parties are allowed to choose the governing law of the contracts. It can be different from where the document is signed.
Different states have different rules on the interpretation, liability, damages, and enforcement. With mutual agreement and the choice of law, both parties can select a state law that is more favorable for them, even if the contract is signed in a different state.
For example, two parties based in NYC can sign and perform a contract in New York but choose Texas law to govern the agreement. Courts generally honor that choice as long as it has a reasonable basis and does not conflict with fundamental public policy.
Clause XXVIII is the severability clause, which is added just to ensure that if any part of the agreement is found invalid, the rest remains fully enforceable.
Next up, we have the XXIX supporting documents clause. Here, the contract template has spaces to list down the attached documents, if any. Simply write N/A if there are no documents attached instead of leaving the space blank.
An additional terms and conditions clause is a common part of all contracts. It is added to include any extra, customized terms that are not already discussed above. For example, conditions regarding pet protection, seasonal adjustments, property protection, etc.
Lastly, clause XXXI confirms that this document represents the full agreement and overrides any prior discussions or agreements. Both parties have signed after fully understanding the contract.
Summary
So, overall, landscaping contracts are an important document if you operate as an independent contractor and want to be sure that both parties are on the same page regarding responsibilities and rights.
Our pre-drafted landscaping contract can be easily customized to fulfill your needs. For your ease, we have it in multiple formats, including Microsoft Word and Google Docs. Just fill in the relevant details, select the right options, and omit clauses that are not necessary for you, and there you have it, a ready-to-use contract.
