Terms and Conditions is an integral part of the Landscaping Contract. Details Landscape Art has taken the recommended Landscaping Contract as recommended and published by the California State License Board, and modified them to suit the particular needs and characteristics of our business. This is the first of two blogs discussing items 1.0 through 9.0 of the Terms and Conditions section of the Landscaping contract.
1.0 LICENSING: Contractor represents that he is duly licensed and that contractors are required by law to be licensed and regulated by the Contractors’ State License Board.
2.0 EXCLUSIONS & QUALIFICATIONS:A reasonable allowance on all dimensions shall be allowed. Site will be received free of debris and ready to commence work.
3.0 ABILITY TO PAY: The owner warrants and represents that he/she has sufficient funds to pay the contract price and for all extra work which may be ordered by the owner or his representatives.
4.0 ADDITIONAL WORK:Should the owner, or any of his agents, direct or request additional work (beyond that listed on the attached schedule) be done by Contractor, the cost of such additional work shall be added to the contract price as per signed change order and paid for by the owner as agreed. Contractor shall be reimbursed for any unusual or unknown conditions i.e. rock, high water table, etc.
5.0 RIGHT TO STOP WORK: Contractor shall have the right to stop work if any payment shall not be made to him under this agreement. Contractor may keep the job idle until all payments due have been received. Such action by Contractor shall not, in any manner, be deemed a breach of this contract by Contractor.
6.0 DELAYS:Contractor shall be excused for any delays or defaults by him in the performance of this agreement caused by acts of the Owner or Owner’s agents, acts of any governmental authority, acts of God, the elements, war conditions, commercial shortages of required labor or materials, litigation, labor disputes, extra work, failure of the owner to make payments when due promptly, or other contingencies unforeseeable by or beyond the control of the Contractor.
7.0 CONTRACTORS RESPONSIBILITIES:
7.10 LIENS: Contractor will be responsible for discharging all liens filed as a result of the work, providing the Contractor has been paid in full.
7.20 CONTRACTOR LIABILITY: Contractor assumes full responsibility for acts and work of his employees and agents and subcontractor’s employees and agents when acting under Contractor’s directions, so long as Contractor has been paid in full.
7.40 WORKERS COMPENSATION INSURANCE AND LIABILITY INSURANCE: Contractor shall procure and maintain during the continuance of this agreement, a policy of workers compensation insurance and liability insurance for the protection of his employees and Owner’s property.
7.50 BROOM CLEAN CONDITION: On completion of the project, contractor shall remove all debris and surplus materials of his own making from the site of the project and leave such site in “broom clean” condition.
7.60 MATCHING COLOR AND TEXTURE: Where texture and colors are to be matched, contractor shall make every reasonable effort to do so using standard texture colored material, but does not guarantee a perfect match.
8.0 INSTRUMENT CONTROL:
8.10 AGREEMENT, SPECIFICATIONS & PLANS: This agreement, the plans for the project, if any, and the specifications for the project, if any, are intended to supplement each other so that any work mentioned in one such instrument but not the others, shall be performed in the same manner as if mentioned in all such instruments. If a conflict arises between such instruments, the specifications shall control the plans and this agreement shall control both the plans and the specifications.
8.20 PRIOR AGREEMENTS: This instrument constitutes the sole and only agreement of the parties hereto relating to the project and correctly sets forth the rights, duties and obligations of each to the other, as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in the agreement are of no force and effect.
8.30 MODIFICATIONS AND PAYMENT FOR MODIFICATIONS: The Owner and Contractor must agree in writing to any modifications or additions to the work covered by this contract. The Contractor shall do no extra work without the written authorization of the Owner. Any written agreement shall list the agreed price and any changes in terms, and be signed by both parties. Any Change Orders for changes or extra work shall be incorporated in, and become part of, this contract.
For any extra work performed, Contractor shall be compensated in an amount to be determined before the extra work is performed and such amount, including Contractor’s usual fee for overhead and profit shall be paid as the extra work progresses, concurrently with payments made under the payment schedule for this contract.
These are the first group of Terms and Conditions of the Landscaping Contract.