Articles

Client Alert: Landscaping Contracts Are in Bloom—Is Your Association Ready?

As we emerge from winter, community associations are turning their attention to spring landscaping: refreshing common areas, restoring gardens, and preparing outdoor spaces for warmer months. With this seasonal transition comes a surge in landscaping contracts, which carry meaningful legal and operational risk if not carefully structured and managed. Well-drafted contracts promote consistent maintenance standards, protect valuable common area assets, and minimize liability exposure through properly insured and qualified vendors. Taking a proactive approach now can help you ensure a smooth season ahead!
 

Key Contract Provisions to Get Right

1. Scope of Work
   Clearly define all services—mowing, pruning, mulching, planting, irrigation maintenance, seasonal clean-up, and more. Include specifications, service schedules, and site maps to avoid disputes and unexpected charges.
2. Term and Termination
   Include explicit term and renewal provisions, along with termination rights to maintain flexibility if service quality declines or another defined event occurs.
3. Insurance and Indemnification
   Require appropriate insurance coverage (general liability, workers’ compensation, and auto, where applicable) and include indemnification provisions to protect the association from vendor-related claims.
4. Performance Standards and Remedies
   Establish measurable expectations and outline remedies for nonperformance, such as requiring corrective work, withholding payment, or terminating the contract.
5. Pricing and Change Orders
   Set clear pricing structures and require written approval for additional work to prevent budget overruns.

Common Landscaping Pitfalls to Avoid

1. Property Damage and Personal Injury
   Landscaping work can result in damage to structures, vehicles, or utilities, as well as slip-and-fall risks. Contracts should clearly allocate responsibility and require incident reporting.
2. Pesticide and Herbicide Use
   Improper application can create health and environmental risks. Associations should confirm vendors are properly licensed and compliant with applicable laws and safety standards.
3. Irrigation and Water Management Issues
   Poorly maintained irrigation systems can lead to overwatering, property damage, and increased costs. Contracts should address monitoring, maintenance, and repair responsibilities.

Best Practices for Vendor Selection and Oversight

1. Competitive Bidding
   Solicit multiple bids to compare pricing, scope, and qualifications, particularly for larger communities.
2. Due Diligence
   Evaluate vendor experience, references, and prior work, and confirm licensing and insurance coverage before engagement.
3. Compliance with Governing Documents
   Ensure that contract approval aligns with the association’s bylaws or declaration, including any requirements for board approval or spending limits.
4. Ongoing Performance Review
   Conduct periodic inspections and maintain written evaluations to address issues early and support enforcement if necessary. Designate a board member or manager as the primary point of contact to streamline communication.

Preparing for a Smooth Season

Landscaping contracts require careful attention to take root and thrive. By focusing on clear contract terms, common risk areas, and disciplined vendor selection, boards and managers can protect their associations while enhancing their communities’ appearance and value. Our team at Whiteford is always available to assist with contract review, vendor negotiations, and compliance with applicable law and your association’s governing documents.

---

The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.