Tree Service Contract

[2treeornot2tree]

Thanks for sharing.

 

[Grace Tree]

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.

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

 

[tree md]

LOL, I already did... Thanks Blakes!

 

[superjunior]

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]

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.


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.

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]

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]

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]

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.................................

some good points here

 

[lxt]

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]

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...