Contract Example

Bertotti Landscaping offers an example of the new contract wording that helped him spell out job challenges more effectively to clients.

Bertotti Landscaping, Petaluma, Calif., offers an example of the new
contract wording that helped him spell out job challenges more effectively
to clients.

The information is included on a page of his contract entitled "Additional
Information and Exclusions." The contract page reads:

1. All fees for permits and licenses are excluded from this proposal, and
if requred by any governmental agency, shall be a direct cost to owner, with
no contractor mark-up.

2. The cost of digging trenches, tree holes, and other excavation work will
be subject to additional charge if hard rock, which requires hydraulic or
pneumatic excavation equipment, is encountered.

3. For this project [Type Reference Number], $X has been included as an
allowance for plant material purchase costs based upon current availability
and pricing. This figure will be used as an allowance and shall be adjusted
+/- at the time of installation.

4. The necessary removal of any hidden stumps or other underground
obstructions or utilities not shown on plans, and encountered during our
excavation or trenching operations is subject to additional charge.

5. All masonry products, including colored concrete, cobbles, fieldstone
and flagstone have natural variances in color, tesxture, shading and
appearance. These variations are to be expected, and we therefore can not be
responsible for these natural variations in the appearance of any stone or
masonry product.

6. Excluded from this proposal are the following items:
 A. Additional costs required due to soils report and/or structural
engineering report and requirements.
 B. Damages resulting to existing paving(s) due to factors beyond our
control, such as settlement due to poor underlying base-rock.

The author is managing editor of Lawn & Landscape magazine and can be reached at nwisniewski@lawnandlandscape.com.

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