What should a commercial landscaping contract include?

A good commercial landscaping contract is short enough to read and specific enough to settle arguments. It names the services, the schedule, the price, the paperwork the company must hold and how changes are handled, so a missed visit or a surprise invoice has an answer in writing before it happens.

What the law covers, and what it does not

Virginia's rule requiring a legible written contract is written for homes. It applies to those who engage in residential contracting, excluding subcontractors to the contracting parties and those who engage in routine maintenance or service contracts,^[2] and defines it this way: residential contracting means construction, removal, repair, or improvements to single-family or multiple-family residential buildings.^[2] A grounds-care agreement for an office, shop, warehouse or association is outside that rule, so the protections are yours to write in. The state's residential list is still the best model available, and DPOR's consumer guide gives the underlying advice: put everything in writing, include start and finish dates, and spell out exactly what the contractor will and will not do.^[1]

The scope of work

This is the part that causes most disputes. For each service, state what is done, where, and how often:

• Mowing and trimming. Frequency by season. Extension guidance is to mow often enough so that at any one mowing only one third of the leaf height is removed,^[7] so a fixed monthly visit count may not keep up with growth. Consider a clause that adds a visit when grass is outgrowing the schedule.
• Beds and shrubs. Weeding, pruning, mulch depth and replacement of dead plants, and who pays for replacements.
• Turf treatments. Fertilizer and weed control, with products and timing listed.
• Irrigation. Start-up, seasonal checks, repairs and winterizing.
• Cleanup. Leaf removal, litter pickup, hauling and where debris goes.
• Storm and special work. How callouts are priced and how fast the company must respond.

Attach a site plan so nobody argues about where the mowed area ends.

Licences and insurance

Ask for them by name in the contract and ask to see them before the first visit.

Contractor licence. Landscape work that alters the land, such as regrading or retaining walls, is covered by a Virginia specialty; the regulations describe landscape service contracting as the service that provides for the alteration or improvement of a land area not related to any other classification or service activity by means of excavation, clearing, grading, construction of retaining walls for landscaping purposes, or placement of landscaping timbers.^[5] For that kind of work, have the contract show the same details Virginia requires on residential contracts: Contractor's name, address, license number, class of license, and classifications or specialty services.^[2] Check the licence with DPOR.

Pesticide business license. A pesticide business license is required for any person or business operating in Virginia, which, in exchange for compensation, sells, stores, distributes, mixes, applies or recommends pesticides.^[3] If the contract includes fertilizer with weed control, insect or disease treatment, the company needs it, and the certified applicator's category should match the work: turf pest control covers pesticides in the production and maintenance of turf, including, but not limited to, turf in golf courses, residential lawns, parks, and cemeteries,^[4] and ornamental pest control covers pesticides in the maintenance and production of ornamental trees, shrubs, and flowers in and out-of-doors.^[4] Licensed businesses must maintain written records of pesticides applied commercially for two years,^[3] so ask for a copy of the application record after each treatment.

Insurance. The pesticide license application requires a certificate of insurance showing a minimum of $100,000 for property damage, $100,000 for personal injury to or death of one person, and $300,000 per occurrence.^[3] Treat that as a floor. Ask for a current certificate, for workers' compensation coverage for the crew, and for notice if a policy lapses.

Price, payment and changes

DPOR's guidance is that the contract should include the total price, when payments will be made, and whether there is a cancellation penalty.^[1] For a recurring service that means the monthly or per-visit fee, what is billed separately, and the due date. DPOR also advises to try to make payments during the project contingent upon the completion of certain tasks;^[1] for ongoing grounds care, that translates to paying after visits, not far in advance.

Never sign a blank or partially blank contract.^[1]

For changes, copy the residential model: any modification to the contract that changes the cost, materials, work to be performed, or estimated completion date must be in writing and signed by all parties.^[2] That one clause stops most surprise invoices.

Digging, damage and ending the agreement

Name who calls 811. Virginia 811 says any time you put a shovel in the ground you need to contact Virginia 811,^[6] and that includes planting. Say who pays to repair a line, an irrigation head or a curb the crew damages.

Add term and exit language: the length of the agreement, whether it renews automatically, the notice either side must give and what happens to payment for work already done. Keep the signed copy, change orders, invoices and photos together; DPOR's list of papers to keep includes lien releases from subcontractors and material suppliers^[1] for any larger project work.

Stop and call a pro if

• The company will not show a licence or insurance certificate.
• The proposal includes grading, drainage, retaining walls or new irrigation, which need a licensed contractor and may need a permit.
• Someone offers to apply chemicals without a pesticide business license and a certified applicator.
• The contract is long, one-sided or involves a large sum. Have an attorney review it first.

To compare what the work costs, see how much commercial landscaping costs in Virginia. Loclis lists licensed local businesses for commercial work: browse commercial services or read more commercial answers.

When you are ready for bids, describe the job once and local businesses quote it.