Additional Work Requests
Any additional/extra work requested or required will be billed at our ‘Standard Rates’. Before we begin any extra work, LAWN-N-ORDER and the client, architect, or other authorized representative must agree upon the scope of work.
Delays & Concealed Contingencies
LAWN-N-ORDER LANDSCAPING is not responsible for delays due to inclement weather.
Prices quoted do not include any work that may have to be done due to concealed contingencies such as, but not limited to, hitting excess rock when digging, having to do additional grading, having to clean up materials, poor drainage situations, debris, etc. left behind by others, sinkholes that are discovered or that damage machinery while on property, inability to start work due to other workers and/or contractor(s) being in the way, rain delays, cleaning up dirt from rain, pressure washing driveways from splattered mud or surrounding objects. In these situations, we will bill for the necessary work, repairs for our machinery if damaged due to concealed contingencies and/or down time at our standard hourly rates, with materials being billed at cost.
If inclement weather or extraordinary circumstances delay a job, LAWN-N-ORDER allows 1-2 extra days per day of inclement weather for drainage or melting (whichever applies) or for making adjustments before work can proceed.
Additional charges: Upon writing a proposal, if work is cost based on straight digging with machinery as opposed to hand digging around sensitive areas and it is found that utility lines (i.e. electric, water, cable, gas, phone, etc.) run through the proposed dig site after the initial proposal and contracted, the cost of the extra time and work is subject to increase for hand digging in sensitive areas. This is covered under ‘concealed contingencies’.
The workmanship on boulder wall(s)/retaining wall(s) is guaranteed for 1 year from date of installation against defects only if caused by our faulty construction and not related to any of the exclusions listed below. Wall(s) are only guaranteed to function properly in normal weather conditions. Exclusions: Wall(s) are not guaranteed against Acts of God, flooding, landslides and/or mudslides, earthquakes, excessive snow, etc. Guarantee does not include any damage and/or destruction caused to a wall(s) by any other individuals, vehicles, etc.
Mortar Work (brick and rock)
Mortar work will have a solid footer and weep holes to decrease hydrostatic pressure. This type of wall should be the retaining wall of choice, due to durability and longevity. Change in grades by others can cause failure, due to water flow changes. This contractor will ensure proper drainage and a stable wall upon completion. Any change in grade forfeits contractor’s responsibility. The width, length, and height of wall determine square footage.
Work is only guaranteed from settling if we install the recommended base, according to the manufacturer’s specifications. We make NO GUARANTEE on the color of the concrete pavers. Colors appear brighter in the brochures, and colors will fade over time. We will lift any settled pavers after the first full season, if necessary. Once the pattern is determined and the work has begun, there will be no changes without a written change order.
*Note for Waterfalls: wind drift, mist spray and normal evaporation cause some water loss. Unless we install a water float valve to maintain proper water level, we CANNOT GUARANTEE the pond will work to your satisfaction. Ponds are high maintenance and may require routine cleaning for the feature to work properly. We will warrant against leaks caused by us. Any water feature could be considered as a potential danger to children and small animals.
If applicable, it is the customer’s responsibility to make sure all utility/gas lines, etc. are properly flagged. We will not be responsible if damage occurs due to improperly marked utilities. Call 811 from anywhere in the country at least five days prior to digging, and your call will be routed to your local One Call Center. Tell the operator where you’re planning to dig, what type of work you will be doing and your local utility companies will be notified about your intent to dig. In a few days, they’ll send a locator to mark the approximate location of your underground lines, pipes and cables, so you’ll know what’s below ground and you can safely dig.
Please allow at least 5 days for them to process the request and mark the utilities. They will in turn send you an email confirmation. Please be aware that if we have to reschedule because of the customer’s negligence or failure to comply, there will be a rescheduling fee of up to $500. All efforts will be made to dig carefully in areas where underground utilities have been marked.
We will replace trees and shrubs within a year of installation date if death is due to our improper installation and/or due to disease or pestilences within 6 months from the date of the contract; and will split the replacement cost (half of original contract price to contractor and half of original contract price to customer) for an additional 6 months from the date of contract except in cases which are listed in Exclusions. Replacements will be made with plants of the original size and quality as previously specified (or installed, if not specified) at no cost to he the owner. One replacement for each plant that dies will be made. It is the customer’s responsibility to inform us (within the 1 year period) if any plants need to be replaced.
Our guarantee DOES NOT apply to any of the following: 1) Any act of God, such as excessive rain, flooding, drought, heavy winds, freezing, etc. 2) Failure by the client to properly care for and/or properly water plants as directed. 3) Other contractors or subcontractors contaminating the soil with chemicals, paints, etc. and/or damaging plants in any way. 4) Theft or general acts of vandalism to the plants. 5) Accidentally, or purposefully, harming plants in any way, such as by pruning, damage by a lawn mower, car, or any other vehicle damage. 6) Lack of proper mulch and mulch depth which ends up leaving bare soil and roots exposed.
NO GUARANTEES shall be given for bulbs, roses, annuals, perennials, grasses, seed and sod, potted plants, bedding plants, ground cover in smaller pots or plants specified which are not growing in their normal growing climate zone or region. Transplanted plants from the site have NO GUARANTEE though every precaution will be made to ensure their survival and overall good health.
*The owner hereby agrees that for the guarantee to be effective, he/she will water thoroughly at least twice a week during dry periods, cultivate beds lightly and weed beds at least twice a month at a minimum.
No verbal agreements expressed or implied will be honored. All agreements must be in writing. Delinquent payment voids the guarantee.
The landscape contractor reserves the right to change a specified plant(s) due to the unavailability of a certain color or species at the nurseries. The second best match will be made at the landscape contractor’s discretion. The contractor also reserves the right to do necessary field adjustments without notice, due to drainage issues, excessive rock or other obstructions, and/or obstacles that might cause potential problems.
Any measurements mentioned in the job description are subject to a 10 percent (10%) variance.
A standard upfront deposit (between 25-50%) is required depending on the job or project. Percentage requirements will be set at the time of the contract by Ryan Houston or the estimator. Deposits are due at least 2 weeks prior to beginning work to hold the client’s spot on the calendar and will be applied to or deducted from your final invoice once all work is complete. Deposits are non-refundable.
If credit cards are used a 4% surcharge will be added to the final invoice.
The client will provide water and electricity at no charge to LAWN-N-ORDER LANDSCAPING. The client shall provide access to the site during normal working hours without other contractors being in the way with their machinery or work crew without written notification before the contract is signed and agreed upon.
LAWN-N-ORDER LANDSCAPING reserves the right to request vehicles or other objects, furniture, etc. to be moved to provide adequate access as we deem necessary for the job’s needs on the property and to remain on schedule with the time that was estimated for the particular job requested. If these items are not moved and cleared prior or at our immediate request, LAWN-N-ORDER LANDSCAPING reserves the right to charge additional fees for the extra time required to work around the said objects. Please be conscientious of this request to keep fees and estimates on target with original.
We will take care to not disturb the Terminex cylinders placed around the home. If one is in direct access to digging for drainage repairs or landscape installations, we will remove it and set it to the side for Terminex to reinstall.
Change Orders and Fees
Any additions and/or alterations to the schedule or initially agreed upon design will be in writing and signed by the client and the client will be billed in addition to the agreed upon fee.
LAWN-N-ORDER LANDSCAPING is not responsible for any damage to (or cost involved with) any underground hazards, obstructions or services not made known to us in writing or apparent on visual inspection.
We ask that clients move all furniture, vehicles and any other valuable property out of the workspace and immediate area. Please cover all vehicles and close windows as to prevent dust or debris from entering and causing possible damage or loss of property.
LAWN-N-ORDER LANDSCAPING is not responsible for the moving of furniture, equipment or other apparatus on the grounds if it impedes the work area. If LAWN-N-ORDER moves a client’s property, we do not take responsibility for any harm or damage that occurs.
Documentation of the Project
Contractor shall have the right to document, photograph, film or otherwise record all completed designs or installations of the project. Both LAWN-N-ORDER LANDSCAPING and the PHOTOGRAPHER hold rights to any photographs taken on our behalf and reserve the right to reproduce, publish and display such media.
It is the client’s responsibility to inform LAWN-N-ORDER LANDSCAPING about any Home Owner’s Association to which they belong at the time of scheduling the initial consultation. Client’s must provide in writing any special or statutory Bylaws, Conditions or Permissions set forth by the HOA that may hinder the scope of the proposed project or the extent of our planned work.