Tips on Writing Turf
Contracts and Landscape
Maintenance Specifications
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Maintenance contracts for turfgrass areas should be written to provide security
for all parties involved. The person or company receiving services (the client)
should know precisely what to expect, and the company providing the services (the
contractor) should be aware of everything it has agreed to and therefore is required to
do. This publication provides basic guidelines on how to write a good contract regard¬
ing turfgrass maintenance.
Contracts
A contract is an agreement between two
parties in which each party promises to do
something for the other. Usually one party
promises to provide goods and
/
or servic¬
es, and the other part)' promises monetary
payment in exchange.
A valid contract is binding on both
parties and is legally enforceable. If either
party fails to live up to the terms of the
agreement, the other party can sue in a
court of law to enforce the terms of the
contract or, more commonly, to collect
damages in compensation for the breach
of contract.
Usually a contract is written and
signed by the two parties or their repre¬
sentatives. Sometimes an oral agreement
can constitute a contract, in which case it
would have the same legal consequences
as if written. However, oral contracts are
sometimes difficult to enforce. The advan¬
tage of a written contract is that there can
be no dispute over the exact wording of
the agreement.
Contracts should be clear and simple.
A contract should state the agreement be¬
tween the parties as clearly and simply as
possible. Plain, ordinary English is satis¬
factory, as long as it describes in sufficient
detail exactly what each party promises to
do. Fancy words or special legal terms are
not necessary.
Although a contract is enforceable by
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the courts, going to court is a costly and
time-consuming process, best to be avoid¬
ed. A well-written contract will reduce the
chance of arguments or misunderstandings
by stating in clear, specific terms what each
party has agreed to do. If any portion of the
contract is vague or unclear or can be inter¬
preted differently by each of the parties, the
contract should be rewritten to eliminate
this ambiguity. If both parties understand
at the very beginning of their relationship
exactly what is expected of them, there is
less chance of disagreement in the future.
What to include in a contract. Make sure
the contract specifies the work to be done
and its cost. It should include:
1 . The location of the work (use drawings
if helpful).
2. A detailed description of the work to be
done and the expectations of each party.
3. Starting dates, frequency, and duration
of the work.
4. Who will do the work.
5. What equipment will be used.
6. Who will pay for what, how much, and
when.
7. Definitions of any ambiguous terminol¬
ogy that may be interpreted differently
by the two parties.
8. A performance clause that specifies pen¬
alties for failure to complete the work in
a timely or acceptable manner.
9. Exclusions and limitations to cover
such situations as vandalism, theft, and
adverse natural conditions.
