# Tree Service Contract



## 2treeornot2tree (Jan 16, 2012)

I wrote up a contract for tree services. Wanted some feedback on the legal wording I came up with. If anyone wants to use it, they are more then welcome.

By signing this legal binding contract, the Customer agrees to pay the above amount to the Contractor for the above described services. Contractor warrants it is adequately insured for liability injury to its employees and others incurring loss or injury as a result of the acts of Contractor or its employees and subcontractors. Contractor shall not be liable for any delay due to circumstances beyond its control including unavailability of materials or weather conditions. Customer acknowledges that small ground impressions may occur during the tree trimming / removal process and it will be the Customers responsibility to fix them. Customer agrees to pay Contractor a deposit of 50% of contract amount at time of signing to schedule job, and the remaining balance shall be due at completion of job. If customer wishes to cancel this contract, the customer agrees to forfeit the deposit. All disputes hereunder shall be resolved by the State of Pennsylvania Civil Action Law. Customer agrees to pay a $40 return check fee, and any court fees and costs associated with collection of payment through legal action.


----------



## ForTheArborist (Jan 16, 2012)

Nearly all of my clients would say no to that kind of deposit. It may just be market in San Diego. People are leery about being over extended that far because of crooked business practices around here. Really. 

Sent from my SAMSUNG-SGH-I897 using Tapatalk


----------



## treemandan (Jan 16, 2012)

I wouldn't give you a dime til you at least showed up.


----------



## tree md (Jan 16, 2012)

The only time I ask for a deposit is when I have to hire a crane and then only a third at most. That would scare most people away in my market.


----------



## mckeetree (Jan 16, 2012)

2treeornot2tree said:


> I wrote up a contract for tree services. Wanted some feedback on the legal wording I came up with. If anyone wants to use it, they are more then welcome.
> 
> By signing this legal binding contract, the Customer agrees to pay the above amount to the Contractor for the above described services. Contractor warrants it is adequately insured for liability injury to its employees and others incurring loss or injury as a result of the acts of Contractor or its employees and subcontractors. Contractor shall not be liable for any delay due to circumstances beyond its control including unavailability of materials or weather conditions. Customer acknowledges that small ground impressions may occur during the tree trimming / removal process and it will be the Customers responsibility to fix them. Customer agrees to pay Contractor a deposit of 50% of contract amount at time of signing to schedule job, and the remaining balance shall be due at completion of job. If customer wishes to cancel this contract, the customer agrees to forfeit the deposit. All disputes hereunder shall be resolved by the State of Pennsylvania Civil Action Law. Customer agrees to pay a $40 return check fee, and any court fees and costs associated with collection of payment through legal action.



Not bad. I would figure out some word besides fix.


----------



## mikewhite85 (Jan 16, 2012)

50% is a lot. In Cali the most you can legally ask for is 10% or 1,000, whichever is less.

The "small ground impressions" part might not fly but I definitely can relate. It's hard not to leave those, especially if you are doing removals. Most customers don't mind but some are pretty particular about it. 

Sounds professional and well written.


----------



## beastmaster (Jan 16, 2012)

Yeah I don't think asking for an advance to do a job on a residential is normal practice or would go over well with the average HO. It would scare me off.
A signed contract is binding enough if there was a payment problem with out pointing out what the repercussion would be. I would tone it down a little my self, but that is just my opinion. 
It is important to get certain things out in the open that may cause a conflict later. Lot of those can be written in on the work order and still be binding legally.


----------



## ClimbMIT (Jan 16, 2012)

I agree with the other posts. Would you pay your plumber half before he shows up to do $1000.00 job? I wouldn't! In the past I have had customers pay me half when I show up and begin to work, especially if it's a big job. What works for me SOMETIMES is I break it down into 2 to 3 payments after each day of work or particular tasks or complete. I have rented equipment before and just have the customer pay for it. All customers are different so IMO there has to be some flexibility. There is alot of great people and info on this site!


----------



## treemandan (Jan 16, 2012)

mikewhite85 said:


> 50% is a lot. In Cali the most you can legally ask for is 10% or 1,000, whichever is less.
> 
> The "small ground impressions" part might not fly but I definitely can relate. It's hard not to leave those, especially if you are doing removals. Most customers don't mind but some are pretty particular about it.
> 
> Sounds professional and well written.



I actually was going to say it sounds completly the opposite but didn't want to stir emotions. But the cats out now so yeah, its sounds ignorant and one sided, almost like your are preparing to botch the job. The form its written is all jumbled, it makes the whole thing come off like a heated rant. 
You can always just go down to the Office Depot and read what it says on their contract forms and see how it put together.


----------



## treemandan (Jan 16, 2012)

Yes, if the job is 1k and the client gives you half then cancells cause his mom died, lost his job, or even broke his back trying to do the job himself, well, that just ain't right to keep the 500. Half the contract ammount?  yeah Ok. Where do I sign? Is cash Ok? 

I never get a signature, unless they want to, then I just humor them and let them.


----------



## Huskytree (Jan 16, 2012)

*Wording*

I agree here in CT not too many people are going to be willing to give you a 50% deposite. I never ask for any money until the job is complete. Has never hurt me yet, knock on wood! 

Personally I don't do contracts, I give them a qoute and explain in that, there maybe some lawn damage that is not covered in the cost of the job for repair. If they want it repaired I will add the cost to the qoute. I am not in the landscaping business so if they want it I will farm it out to a landscaper. 

I also make it clear that I will cut the tree as low as safely possiable. But I offer a reference to a guy that does stump grinding.


----------



## 2treeornot2tree (Jan 17, 2012)

I only did a contract because I am getting tired of going out spending time looking at a job. Then they say you got it, you put it in your schedule and then they call you back and give some lame excuse about have to go outta town for work for a emergency. Blah Blah Blah. Wise they would just grow some balls and say they changed there mind. I actually know someone in my area that uses almost this exact contract.


----------



## 2treeornot2tree (Jan 17, 2012)

treemandan said:


> Yes, if the job is 1k and the client gives you half then cancells cause his mom died, lost his job, or even broke his back trying to do the job himself, well, that just ain't right to keep the 500. Half the contract ammount?  yeah Ok. Where do I sign? Is cash Ok?
> 
> I never get a signature, unless they want to, then I just humor them and let them.



I have never really used contracts, but I am just geting tired of people not living up to there end of the deal. Like when you get done with a job and you go talk to the customer about payment, and they say arent you gonna send me a bill. I always tell them payment due when done. IDK, thought this might weed out some of the scum bags.


----------



## ForTheArborist (Jan 17, 2012)

My contract just says what the specific tasks are, what the price is, name, date, signature. And then there's a bit about responsible for all damages and injuries that are not included in the list if tasks. The last bit there just keeps them interested so in case they were leery about a contractors. The only thing I'm concerned about on the paper is the exact price due upon completion of the exact list of tasks. If I add more, they get skeptical. Too many details for them on the spot. I'm just worried about anyone avoiding payment and nothing else. Paper only has to be seen by the judge, and presto, I win. He wants to see pics and my prices. That's it. 

They can add and decrease tasks from the list, but both the client and myself have to initial those changes and the price change. 

I'm safe with that piece of paper, and they are happy about it every time. 

As far as their grass goes, I'd make a 1-2 line clause that says you wave repairs and repair costs on damages to grass. Now you and the owner initial that. If they decline it, X out the clause, and add the task to the task list. Then add the the repair fee to the bill. 



Sent from my SAMSUNG-SGH-I897 using Tapatalk


----------



## sgreanbeans (Jan 17, 2012)

Verbiage is very important. Can make a huge difference when in court, god forbid ya ever end up there. Have a lawyer look it over.


----------



## [email protected] (Jan 17, 2012)

2treeornot2tree said:


> I wrote up a contract for tree services. Wanted some feedback on the legal wording I came up with. If anyone wants to use it, they are more then welcome.
> 
> By signing this legal binding contract, the Customer agrees to pay the above amount to the Contractor for the above described services. Contractor warrants it is adequately insured for liability injury to its employees and others incurring loss or injury as a result of the acts of Contractor or its employees and subcontractors. Contractor shall not be liable for any delay due to circumstances beyond its control including unavailability of materials or weather conditions. Customer acknowledges that small ground impressions may occur during the tree trimming / removal process and it will be the Customers responsibility to fix them. Customer agrees to pay Contractor a deposit of 50% of contract amount at time of signing to schedule job, and the remaining balance shall be due at completion of job. If customer wishes to cancel this contract, the customer agrees to forfeit the deposit. All disputes hereunder shall be resolved by the State of Pennsylvania Civil Action Law. Customer agrees to pay a $40 return check fee, and any court fees and costs associated with collection of payment through legal action.




Hi, This is what I have on my Quotation/Contract for the HO to sign.


Note: Due to the size and weight of heavy equipment involved, somedamage to yard may occur. Every precaution will be taken to ensure
damage is kept to a minimum. It is the property owners responsibility to move any perishables to prevent such damage. Although insurance
is in-place, and every effort will be taken to prevent any said damage, the property owner accepts this as a risk and signs to this effect below
and accepts the contract and conditions as stated.


----------



## NCTREE (Jan 17, 2012)

2treeornot2tree said:


> I only did a contract because I am getting tired of going out spending time looking at a job. Then they say you got it, you put it in your schedule and then they call you back and give some lame excuse about have to go outta town for work for a emergency. Blah Blah Blah. Wise they would just grow some balls and say they changed there mind. I actually know someone in my area that uses almost this exact contract.



get use to it its part of the game you cant letr it get to you. i state in my contract, bill that payment is do promptly after completion of work. You have to be careful invading peoples space looking for your moeny. Now don't get me wrong after a month month and a half of no payment then I start hunting the HO down looking for my money. you have to take all other precautions first and be polite otherwise they can spread bad words around. I say on adverage I have to hunt mt my money down about 2 or 3 times a year.

Oh and that contract you wrote would scare me away if I was looking to do business with you, just saying...


----------



## Grace Tree (Jan 17, 2012)

I've used this phrasing in my contract twice as was very glad I had it both times.

Grace Tree Service reserves the right to cancel this agreement if prior to, or after starting work, conditions are found that will not allow the safe completion of the tree work described above.

Here's one I'd like to add but won't:
Hey, Houdini. If you've spent the whole job standing there watching us entertain you or making sure we didn't do any damage, don't jump in your car and make your big escape when you see us finish packing up.

Phil


----------



## 2treeornot2tree (Jan 17, 2012)

Thanks for all the good input. I dont want to use it on every customer, but there is some, that seem to be sketchy that I would want to use it on. I dont like turning business away, but I am sure you have all quoted people that are just real sketchy, and as far as I am concerded I dont always want to do business with them.


----------



## Blakesmaster (Jan 17, 2012)

It's a bit long winded but is on the back of all of my contract sheets. I generally only write a contract if it's a job over a grand, the customer asks for one, or if I get the feeling they may try to not pay. I do a quick overview with the HO and have them initial it then sign on the front page. Only takes a minute and covers my ass.



CTC warrants that the work to be performed will be accomplished in a neat and workmanlike manner by experienced personnel outfitted with the necessary tools and equipment to do the job properly. In the event of inclement weather CTC reserves the right to reschedule regular projects in order to serve storm-damaged projects. 

Tree Ownership:
The customer warrants that all trees listed in this contract are located on his/her property, and if not, that he/she has obtained permission/consent from the rightful owner to allow CTC to work on the tree(s). Should any tree be mistakenly identified as to ownership, the customer agrees to indemnify CTC from any cost of damages incurred as a result of the work performed thereon, including any and all court costs and attorney’s fees. 

Lawn repair exclusion:
CTC will attempt to minimize disturbance to the customer’s lawn. The customer understands that unless specifically provided for herein, lawn repairs are not included in this contract. The customer agrees to indemnify CTC from any cost of damages incurred to the customer’s lawn, incidental to and necessary for, the performance of tree removals and/or pruning, including damages caused by driving, divots, and/or placing equipment on lawn for the necessity of performing such work. In addition any object or plants within the under-story of trees that is/are identified as a "target" is the client’s responsibility to either move or waive rights to claim damages to such unless provided for in writing on front of contract, as above damages. Saw dust, leaves, and wood chips are incidental to the removal of any material, and as such shall not be considered as damage.

Concealed objects:
The customer agrees to pay CTC on a time and materials basis for any additional work required to complete the job occasioned by concrete or other foreign matter in the trunk, branches, or root structure. Rock, pipe, electrical lines, etc. encountered while performing such tasks, or any other conditions not apparent in estimating the work specified. The customer agrees to inform CTC of all private underground utilities and further indemnifies CTC of any damages done to such private utilities if not identified. CTC reserves the right to charge the customer for any damages to equipment incidental to performance of contract.

Stumps:
Unless specifically provided for, stump grinding shall not be included. Trees ‘removed’ will be cut to ground level or as close as possible, without causing damage to either saw chain or equipment: usually within 4” of grade, unless dirt or other debris is present at base of trunk. Height will be adjusted to protect equipment.

Contracted work:
Any contract that includes multiple items is priced as a project. The subtraction of item(s) by client, from a negotiated project package, will cause the original agreement to revert to individual item pricing. In addition any discounts given for any reason shall not apply to a contract that has been materially changed. 

Payment terms:
Unless otherwise agreed to and indicated herein, the customer agrees to settle his/her account with CTC upon completion of work. Should there be a default in payment of this contract, and it is necessary to utilize an attorney for collections, the customer agrees to pay all costs of collections, including attorney’s fees/court costs. Any payments not made within 15 days of completion of the work will be charged a monthly fee of 1.5% of the outstanding balance until paid in full.

Cancellation:
If the tree crew arrives at the customer’s property prior to cancellation, customer agrees to pay a minimum service call charge equal to 20% of contract. In cases where special equipment has been acquired for the purpose of completion of said project; such as rental equipment, non-returnable equipment, or any other items specific for the safety of crew members, the cost for these items shall also be paid by the customer.

Interpretation of contract:	This writing contains the entire agreement between the parties and may not be changed, except in writing and signed by both parties. The validity, performance, contraction, and effect of this contract shall be governed by the laws of the State of New York.

ACCEPTABLE FUNDS SHALL BE CASH OR CHECK. BY SUBMITTING FINAL PAYMENT, CLIENT HAS INSPECTED AND APPROVES OF ALL COMPLETED WORK, AND THAT CTC HAS SATISFACTORILY ADDRESSED ANY PROBLEMS OR CONCERNS. ANY WORK REQUESTED BY CUSTOMER NOT INCLUDED IN THE ABOVE SCOPE OF WORK SHALL BE CONSIDERED EXTRA AND WILL BE PERFORMED ONLY AT AN ADDITIONAL PRICE AGREED UPON BETWEEN PARTIES. CHOICE TREE CARE RESERVES THE RIGHT TO TERMINATE THIS PROPOSAL IF NOT ACCEPTED WITHIN 30 DAYS.


edit: I am not a lawyer and cannot guaranty this will hold up in court. I basically stole it from another member of this site a few years ago and just altered it a bit to fit my needs. You're welcome to use it, but I recommend having your lawyer look it over first.


----------



## 2treeornot2tree (Jan 17, 2012)

Thanks for sharing.


----------



## Grace Tree (Jan 17, 2012)

Blakesmaster said:


> It's a bit long winded but is on the back of all of my contract sheets. I generally only write a contract if it's a job over a grand, the customer asks for one, or if I get the feeling they may try to not pay. I do a quick overview with the HO and have them initial it then sign on the front page. Only takes a minute and covers my ass.
> 
> 
> 
> ...



I like the Tree Ownership and Law Repair Exclusions sections. Would it be alright to steal those for my own use?
Phil


----------



## tree md (Jan 17, 2012)

LOL, I already did... Thanks Blakes!


----------



## superjunior (Jan 17, 2012)

I try not to scare them off with too much legal jazz on the contract.Mine simply states on the bottom in very fine print - 
Total amount to be paid upon completion of job. 2% finance charge to be paid after 30 days of non payment. We are not responsible for damage to underground systems due to stump grinding or cracked driveways from heavy equipment. 

About half the time they'll sign and mail back the contract, the other half is a verbal "go ahead" over the phone. The verbal ok is just as binding in court as a signature - I've had to go to court twice to get my money and both times won with just the verbal.


----------



## millbilly (Jan 17, 2012)

Blakesmaster said:


> It's a bit long winded but is on the back of all of my contract sheets. I generally only write a contract if it's a job over a grand, the customer asks for one, or if I get the feeling they may try to not pay. I do a quick overview with the HO and have them initial it then sign on the front page. Only takes a minute and covers my ass.
> 
> 
> 
> ...




Hey thanks for the post and I too will adopt it as my own. The first major change I did to it was to change the font size to very small, you know fine print.

We have always repaired all of our divots at our expense, I've always assumed it was my responsibilty to leave the job site as close to original as when we started.


----------



## Blakesmaster (Jan 17, 2012)

Small Wood said:


> I like the Tree Ownership and Law Repair Exclusions sections. Would it be alright to steal those for my own use?
> Phil



Help yourself, like I said I got it from another member here so I'm just passing it on. I'd like to point out that although this is wordy, I've never had to go line by line with a customer on it, just a quick overview of each paragraph, in an informal way.

Blakes to HO, "Just want you take a quick look at this before you sign. We're professionals, and we'll get the job done in a timely fashion. Tree ownership, these are your trees, right? Lawn, we do our best to protect your lawn but some damage will occur, if you want absolutely zero damage, I can do that but we'll have to adjust the price. We are careful though and I've never had a complaint regarding lawns. Concealed objects, you've never put any concrete or rebar in this tree, right? We've already discussed stumps. Contracted work, it's a package deal, if you want to change it before I get here, we'll have to reevaluate. Payment terms, I think 15 days is reasonable, but I always like getting a check when we finish if you're around. Cancellation, something comes up and you need to cancel? I understand, just make sure you call me before my crew gets here or I gotta charge you something. Basically, if you understand the terms and want me to take care of the project, initial here, sign and date here, and I'll get you on the schedule."

That little script takes about a minute to say and I just point to the paragraphs as I go over them. All that wording is on the back of the contract and I just have them initial it. The scope of the work is on the front where they sign. I'll also add that I go over it in a very relaxed manner, as if it's no big deal, and no one actually reads it line for line.


----------



## lxt (Jan 17, 2012)

Blakes gave a nice preface as to what should be in yer contract........that can be shortened quite a bit though!

take out the 50% deposit & use a cancellation clause.......in PA you have to give the consumer 72 hrs in which to cancel the contract, this must be in writing on your contract!!

I have had people cancel on me when I arrive as scheduled & am sitting in their driveway.........I tell them they still owe me & they need to read the cancel clause, also other clauses can be adopted...foreign debris, minor lawn damage, etc..

you.... do have to be careful in how much responsibility you are trying to get out of & the reason for such is: you are a professional service & therefore have a certain "legal" responsibility to be responsible for your actions & just by saying that you are not....doesnt mean you are not! If that was the case no contractor would have any worries!

What I did in my contract & this was Attorney prompted due to a barage of consumers in my area trying to get over on contractors was place this in my contract: _should the contractee feel it necessary to file suit after providing payment for completion of work, the contractee/customer accepts and agrees to compensate the contractor for lost wages and all legal costs associated with the suit._

today anyone can sue ya for just about anything you did while on their property to their property, doesnt matter they will find something or CLAIM something just to save money or make money, Just make sure you have what you write up looked over by an Atty. for $100 the advice on what you should have & the proper wording is a must!!!!




Good luck

LXT.................................


----------



## superjunior (Jan 17, 2012)

lxt said:


> Blakes gave a nice preface as to what should be in yer contract........that can be shortened quite a bit though!
> 
> take out the 50% deposit & use a cancellation clause.......in PA you have to give the consumer 72 hrs in which to cancel the contract, this must be in writing on your contract!!
> 
> ...



some good points here


----------



## lxt (Jan 17, 2012)

Almost forgot...............place a levy clause in your contract!!!!!!!! why?

a fella contractor/friend performs work as contracted.....its all in writing, right? well upon completion the homeowner states that they do not have the funds "currently" to pay in full, however they will make monthly payments.....

If this happens there is not a dam thing you can do about it other than accept monthly payments & in PA those monthly payments can be $10 or more, you take em to court & the same will be told to you by Mr. Magistrate & you will not be able to claim filing fees or interest...........so my ole buddy is getting $15 a month on a $4200 job!!!

the levy clause insures you the ability to confiscate property of the same value as was agreed in the contract & I would place a time frame in which payment in full is due along with storage, handling, billing fees, etc... this is a nice precaution & funny no one wants to lose that big screen TV or entertainment system!!!!


LXT................


----------



## Guido Salvage (Jan 17, 2012)

My first thought when seeing the thread title was that you were going to provide ongoing services for a defined period of time, much as a lawn maintenance company would. However, I now understand that it is job specific.

When dealing with contracts, what you don't say can be as important as what you do say. For example, you indicate "_Contractor warrants it is adequately insured for liability injury to its employees and others incurring loss or injury as a result of the acts of Contractor or its employees and subcontractors._" As a homeowner, I would be less concerned about injury to your employees than I would be about damage to my home or personal property. You have any coverage for that?

What is "_State of Pennsylvania Civil Action Law_"? Pennsylvania is actually a Commonwealth and if you are going to invoke the "Code" the citation should be specified. Why would a customer agree to a 50% deposit, what does that provide them that a competitor could not (even with no deposit)? While you state the deposit is forfeited in the event of cancellation, you would never win that battle in court if the homeowner sued for its return. No judge is going to allow you to collect 50% of the job payment just for scheduling the work.

You may also want to check on return check fees. Actually, the Commonwealth of Pennsylvania will allow you to collect a $50 fee on returned checks, but certain conditions apply. You may want to review _18 Pa. Stat. § 4105(e)(3)_ for details. In addition, you should change the verbiage pertaining to collection to indicate that the customer will be responsible for all court costs, attorney fees as allowable by law as well as interest at the legally allowable rate. Just so you know, Pennsylvania does not allow wage garnishments for debts of this sort so you will need to garnish a bank account (retain copies of all checks) or levy on personal property.

As others have suggested, you would be well advised to speak with an attorney prior to implementing such a contract. A few dollars spent up front could save you many in the future.

A friendly paralawyer...


----------

