GHgd Landscape Designer
Contract Example

Below is a copy of the Landscape Designer Proposal/Contract Agreement
I use at GHgd... Along with a detailed description of each section. This example is NOT INTENDED TO REPLACE LEGAL ADVICE WITH REGARD TO CONTRACT LAW... But is intended to educate You as to some of the sections/clauses You should expect to be included in the Landscape Designer proposal/contract(s) presented to Your for review.

This example of my simple two-page Landscape Designer Proposal/Contract Agreement has been written and rewritten over the past three decades (As a result of being reviewed and commented on by some of the highest paid legal minds in the country)... I would like to thank the brilliant attorneys I have had the pleasure of designing gardens for over the last thirty years, who couldn't help themselves by placing helpful comments in the margins and suggesting changes to improve my proposal/contract, while reviewing it for their signatures.

And the best part is that it didn't cost me a dime in attorneys fees to have them review my Proposal/Contract Agreement.☻

(SPECIAL NOTE: Although this example will better prepare You to understand the Landscape Designers Proposal/Contracts Agreements presented for Your review... You as the Client are still a novice at this [Unless of course you are an attorney] - Therefore I strongly recommend You have a Contracts Attorney review all legally binding Landscape Designer Proposal/Contract Agreements before signing them).

Here is a View of the First Page of
GHgd Landscape Design Proposal/Contract...

Let's begin by breaking down the content on Page-1 Section by Section:

Section-1: AGREES TO PROVIDE THE FOLLOWING DESIGNS SERVICES...

This sections defines the services to be provided by the Landscape Designer as per this agreement... In this case:

• Conceptual Design Plans: (These should include - A preliminary design plan/elevation sketches with the final presentations rendered in color; Materials Samples for all hardscape elements [Stone, brick, tile,etc...]; Plant photos; And Garden lighting tear sheets).

• Preliminary Cost Estimates: (These will be prepared by a Landscape Contractor of the Designers choosing at this point. These estimates should be broken down into sections... For example: Masonry; Carpentry; Swimming pool/spa; Planting; Irrigation; and Garden lighting).

• A Complete Set of Construction Documents - Ready for the contractor to pull permits. (These should included - A Detailed Construction Plan with all hardscape dimensions, grading, and drainage shown; Construction Details Sheet(s) with Materials call outs, referenced to the construction plan, with engineered details/calculations if necessary; A Planting Plan/Legend and planting details: An Irrigation Plan/Legend and irrigation details; A Garden Lighting Plan/Legend and details; and A Landscape Construction Specifications Sheet listing all construction specification requirements).

Section-2: COMPENSATION...

This section defines how the Landscape Designer will charge for their services as per this agreement... In this case GHgd charges a Not To Exceed Fee based on an hourly rate... (This is calculated by assuming the number of hours I believe, based on my past experiences, it should take to complete the agreed to services as noted above).

Most Landscape Designers will require You to pay a good faith deposit upon signing their Proposal/Contract Agreement (This can be anywhere from 10-30% with the balance of the agreement to be paid in installments as the design plans preparation progresses).

(SPECIAL NOTE: FYI... I usually charge: 33% to start; 33% upon approval of the Final Preliminary Designs Plans and Cost Estimates; With the Balance due upon completion of the Construction Documents. I find this payment schedule woks best... Personal experience has shown me that most clients do not want to be bothered writing more than three checks for my Landscape Design Services).

Section-3: ADDITIONAL COMPENSATION...

This sections defines Additional Landscape Design Services Fees You might incur, which are not called out under Section-1.

(SPECIAL NOTE: I bill for these Additional Services at an Hourly Rate - Usually less than the hourly rate I bill for Design Services, which are more involved).

Such Additional Services might include:

• The necessity for the Landscape Designer to obtain Design and/or variance approval from any local governing agency, on Your behalf.... (For example, submitting plans to:Local City/County agencies and/or attending meeting (s) requested by Design Review Committees, Planning Commissions, City Counsels; Or any other services required of the Landscape Designer by these local agencies).

• The necessity of the Landscape Designer to obtain HOA (Home Owner’s Association) approval and/or attend HOA meeting(s) on behalf of the Client.

• All changes made to the original approved Conceptual Design Plans at the request of all governing agencies and/or HOA.

(SPECIAL NOTE: The Landscape Designer should be responsible for insuring that the approved plans are drawn to conform to Local Governing Agencies code requirements... And the Bylaws/CCRs of Your HOA, prior to submitting Your garden design plans).

• Additional design changes requested by You, after final approval of the conceptual plans has been given, and the preparation of construction documents has commenced or been completed.

• Additional design changes to the final construction documents, requested by You, as a result of changes made to the original design plans during construction (i.e. As built plans).

• On-site consultation services, at the request of You and/or Your Landscape Contractor during the installation of Your garden... (I have a 1hr. minimum fee charge per site visit).

• Any services not specifically stated under the AGREEMENT SERVICES SECTION above.

Here is a View of the Second Page of
GHgd Landscape Design Proposal/Contract...

Here is a breakdown of the content on Page-2 Section by Section:

Section-1: REIMBURSABLE EXPENSES...

Most Landscape Designers will provide You with a certain number of plan sets as part of their Proposal/Contract Agreement (I provide one set of the Final Approved Conceptual Design Plans rendered in color, and One Complete Set of the Final Approved Construction Documents).

You will be charged extra for Reimbursable Expenses inured by the Landscape Designer for additional plan sets requested by: You; Local Governing Agencies; and Landscape Contractors, for bid sets or additional plan sets needed during You Gardens Installation Phase.

(SPECIAL NOTE: If You do not want the Landscape Designer to provide you with additional plan sets... You can take the approved plan sets they provide you to your local printer or Kinkos and make Your own copies).

Section-2: IT IS UNDERSTOOD...

This section defines any additional specific details/legal definitions not noted elsewhere in the Landscape Designers Proposal/Contract Agreement.

Such Additional Notations might include but are not limited to the following:

• The Landscape Designer is contracted to perform only Design Services under this form of Proposal/Contractor Agreement... And will request to be held harmless with regard to damages; claims; or causes of action arising as a result of Your Gardens, construction, installation, disposition, and/or use of the design plans covered under this agreement.

• Should it become necessary, based on the final approved design plans, to solicit the services of additional consultants, (Surveyors; Engineers; Geologist; etc...) the Landscape Designer agrees to assist You in the selection of such consultants. You agree that all consultant fees are Your sole responsibility and are not covered by this agreement.

• You will be required to contract directly with all Contractors and/or Consultants. All construction costs, including: Any local governing agency fees; HOA fees; Contractor fees; Consultant fees; Permit fees; Materials and supply charges; etc. are Your sole responsibility, and are not covered by this agreement.

• Should it become necessary for You/or the Landscape Designer to cancel this contract for any reason... You agrees to compensate the Landscape Designer for all services performed up to the date of written cancellation. Such compensation will be billed to you, at the hourly rate of $______/hr. for completed design services (Not to exceed the total design fee as noted under the Compensation Section-2 on page one).

• The Landscape Designer will usually reserve the right to adjust their fees if the Proposal/Contract Agreement presented is not accepted within a certain time period (I usually state within fifteen [15] days).

(SPECIAL NOTE: Again I want to emphasize that although this example will better prepare You to understand the Proposal/Contract Agreements presented for Your review... You as the Client are still a novice at this [Unless of course you are a attorney]... Therefore I strongly recommend You have a Contracts Attorney review all legally binding Landscape Designer Proposal/Contract Agreements before signing them).

Please feel free to CLICK HERE To Print
and review this information at your leisure.

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