Landscaping contract, 6 Harrowgate Lane backyard build
Landscaping contract template with a plant schedule and an establishment period
A garden build is two jobs in one: construction that is finished when it is finished, and planting that is only finished three months later. This contract prices the construction in four stages, lists every plant with its pot size and quantity, and holds the landscaper to a 90 day establishment period for anything that dies.
The document, page by page
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Section by section
What each section is for, so you can keep the ones you need and drop the rest.
- Cover
- A contract cover naming the build, both parties and the start date.
- Parties and key terms
- Landscaper and client, then the contract sum, the stages and the establishment period.
- 1. The works
- Demolition through to turf, the three drawings that govern, and what is excluded.
- 2. Plant schedule
- Eight plant rows with pot size, quantity and position, plus soil, mulch and plant quality.
- 3. Price and payment
- The $32,000 sum in four verifiable stages, staged photographs, and the rock and fill allowance.
- 4. Drainage
- Where the water goes, the falls used, and what the system does not promise to do.
- 5. Establishment period
- Ninety days of replacement, the exclusions, and the two maintenance visits included.
- 6. Site, safety and insurance
- Access and hours, protection of the fence and tree, services located before digging, and cover.
- 7. Variations, defects and ending
- Changes in writing, two year workmanship on the hard landscaping, and what this replaces.
- Signatures
- A block for the landscaper and one for the client.
Clauses in this document
- Latent conditions clause: when the ground is not as expected
- Materials and workmanship clause: the quality standard for the build
- Progress claims clause: getting paid as the work advances
- Rise and fall clause in an Australian building contract
- Site access clause: possession, hours and conditions of entry
- Workplace safety clause: the WHS duties a contractor accepts on site
How to adapt this agreement
For a maintenance round rather than a build, delete the stage payments and the establishment period and replace them with a visit schedule and a monthly fee, keeping only the plant schedule as a record of what is on site. For a commercial or council job, add a defects liability period of 12 months on the hard landscaping, a traffic management clause, and a requirement that plants come with a nursery certificate. For a design and construct job where the landscaper also drew the plan, add an intellectual property clause saying who owns the drawings and whether the client can build them with someone else, because that is the argument that follows a rejected quote.
What makes this document work
The plant schedule is specific enough to price
Eight rows give botanical name, common name, pot size, quantity and position, from three 45 litre lilly pillies down to 42 lomandra in the drainage swale. A substitution needs written agreement and a plant of the same habit and mature size.
The establishment period says what it does not cover
Ninety days of free replacement is only useful if both sides know the limits. Clause 5.2 excludes loss from failure to water, pets, frost, hail and vandalism, and drops turf to 30 days because turf lives or dies on watering.
Drainage is described by fall, not by promise
Clause 4.1 sets a 100 millimetre agricultural line in aggregate and geotextile, piped to the kerb at no less than 1 in 100, with surface falls of 1 in 50 away from the house. Clause 4.2 then says plainly what it will not fix.
Questions people ask
What should a landscaping contract include?
The scope and the drawings that govern it, a plant schedule with quantities and sizes, the soil and mulch specification, the contract sum broken into stages, an allowance for rock and fill, the drainage design, an establishment period, access and services, and how variations are agreed.
What is a plant establishment period?
A period after planting when the landscaper replaces anything that dies at its own cost. Here it is 90 days for plants and 30 for turf, conditional on the client watering to the written schedule handed over at completion and not changing the irrigation settings.
How are landscaping payments usually structured?
Against stages that are easy to see. This contract uses four: 20 percent at demolition and excavation, 30 at drainage and retaining walls, 30 at paving and irrigation, and 20 at planting and clean up, which adds to the $32,000 contract sum.
What happens if the excavator hits rock?
Six hours of rock breaking and eight cubic metres of imported fill are already in the price. Beyond that it is $185 an hour for the breaker and $92 a cubic metre delivered, approved in writing first, and the client is told the same day rock is found.
Does a landscaper guarantee the yard will never flood?
No, and clause 4.2 says so before the first storm rather than after it. The system is designed for ordinary rainfall on that site. It does not make the yard immune to a storm that overwhelms the street system, and it does not fix water arriving from a neighbouring property.
Who checks for underground services before digging?
The landscaper. Clause 6.1 requires service plans to be obtained before any excavation and hand pot holing within 500 millimetres of a marked service, which is the step that stops a machine finding a water main or a communications cable.
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