Interior Landscaping Contractual Responsibilities
“Guaranteed” Maintenance Contracts
by Walter F.W. Campbell, President
Grundys I.L., Inc.

Entering into the interior landscaping segment of the green industry takes careful planning by the entrepreneur so all aspects of the responsibilities are understood by the client as well as you, the vendor. Too many times in this type of contractual work, areas left undefined will end in a disastrous result with you as the losing party. In your contract there are basic requirements that should be listed as what your responsibilities will be and that of the client. As an example for you the vendor, this basic list of responsibilities should be spelled out in black and white:

Watering, dusting, pruning, insect or disease management, fertilization, rotation of plants, cleaning of decorative containers, “guaranteed” replacements as needed, frequency of visits, time frame for replacing substandard plants, and sign-ins for visits

Just as obvious are the minimal responsibilities of the clients:

Guaranteed access to service plants, reasonable water sources, specific light, heat and air conditioning requirements, movement of plants cannot be made without your permission, specific circumstances negates “Guaranteed” replacements, timely payment for services and interest for late payments, and additional fees for denial of access to service plants

Then there is always the gray areas of any contract, this is where the more you list as exceptions to your guaranteed replacements, the stronger your contract is for your protection as the vendor. Basic exceptions to “Guaranteed” replacements should be listed with a heading “Exceptions to our “Guaranteed” replacements” are as follows:

The client or owner will be responsible for the full cost of plant or container replacement in event of damage caused by:

a. the occurrence of any change in plant location(s) without the contractor’s prior written consent; or

b. the occurrence of vandalism or theft; or

c. the prolonged absence of light or proper light levels (The artificial light sources for the plants must be on minimum of ten hours per each day, seven days a week); or lowering of lighting levels below those which were originally specified as a basis for plant specification, or below those existing at the time of the initial quotation for the maintenance contract. (A measured level of 65 foot-candles at desk height at 10 hours per day is considered an absolute lower limit for plants and a measured level of 100 foot-candles at a 6’ height for trees); or

d. the prolonged absence of hot and cold running water at the project premises. If water needs to be trucked into the premises because of this absence, the client or owner will be responsible for the cost. This cost will be agreed upon in writing by the client or owner and the contractor; or

e. the occurrence of extended insufficient or lack of heat, air conditioning, or power failures which cause damage to the plants health. The lower limits of temperature at a constant is 60 degrees, highest permissible is 85 degrees; or

f. lack of access to the project premises, or access to any area where plants are to be serviced; or

g. watering or other well-meaning care by an client employee; or

h. introduction of any liquids into the plant’s soil such as coffee, soda, cleaning chemicals, alcohol, or any liquid which could bring damage to the plants; or

i. subjecting plants to any noxious fumes for an extended time (paint, ammonia, exhaust, smoke or any other noxious fumes); or

j. infestation of plants with insects or disease from other plants not under warranty that belong to the client, owner, or any employee which is employed by the client or owner

This should give you a good example of exceptions to the “Guarantee.” Now let’s take a look at examples of basic, minimal clauses that should appear in an installation/maintenance Interior Landscape contract:

Minimum Terms and Conditions of a Basic Interior Landscape Contract

The minimum standard contract requirements relating to guaranteed plant maintenance, delivery, and installation of plants are the following:

• Client will provide hot and cold running water as required for maintenance of the plants.
• Access to all plants for maintenance purposes during normal working hours unless negotiated otherwise.
  • Any increased time spent on the client/owner’s account due to the client/owner’s schedule changes or denied access by the client, owner, their employees, employed contractors or any strikes by unions that prevent access to the plants to be maintained, will result in additional billing at the rate of $XX per hour.
• A secured storage space of approximately thirty square feet for watering equipment and other maintenance material will be provided by the client or owner.
• If the initial stated installation date of plants is delayed beyond 15 days, (due to client mandates, union disputes with the client preventing access to the premises or physical damage to the property preventing the installation), the client or owner will pay a negotiated price for storage and maintenance of the plants during the period of delay. Also, the client must pay 80% of the plant and container contract price as of that date. The remaining 20% will be paid upon completed installation.
• Vendor cannot be responsible for delays in installation of plants caused by extreme or unanticipated weather conditions (hurricanes, frost, tornadoes, etc.) which exhausted the Florida nursery region’s supply of plants which were specified within the contract.
• Installation quotations are based upon a fully functioning HVAC system. The free availability of elevator service to floors higher or lower than the ground floor.
• All replacement plants, (plants which do not adjust or succumb to disease or infestation), will be of the same quality and height as those originally specified and installed. Although, in view of a possible shortage of a particular species of foliage plants throughout the Florida growing area, we reserve the right to replace any specified plant with another species of the same value which will achieve essentially the same desired appearance height. Alternative plants and installation date should be agreed upon by the client and contractor in writing. This will be done with clients approval in advance.
• Our prices are based upon use of our non-union technicians for all maintenance activity. Normal working hours are assumed for maintenance work (8:00 AM to 5:00 PM). If conditions require night-time or week-end work, overtime rates will be charged accordingly with the client’s approval. These rates are $XX per “Guaranteed” hour versus $XX per “Guaranteed” standard rate.
• As interior landscape contractors, we supply any decorative container, which may be specified by an architect, designer, or requested by the client. Our responsibility for material of construction or the long-term water tightness is strictly limited to the warranty given by the manufacturer. There is no other warranty expressed or implied. We will be pleased to supply the extent of such warranty upon request.
• All plants and containers purchased by the client, become property of the client and physical inventory responsibility for the same remains with the client. Client may choose to pay an additional fee for a computer printout of their inventories.
  • The client or owner during the course of the contract may wish to have the plant vendor relocate plants and containers for whatever reasons. The charge for these services is $XX per personnel hour. A written quote will be given in advance for these services if needed.
• After the term of this contract ends, we reserve the right to renegotiate annually our monthly maintenance charges to reflect recognized and significant change, if any, in operating costs.
• In those cases where a total contract for containers, plants, and installation thereof is relatively quite large, or the suppliers of such materials require an immediate deposit with their order, we reserve the right to invoice for immediate partial payment upon purchase order receipt, not to exceed 30% of the contract sum.
• We carry full liability insurance and will provide a certificate of insurance when required.
• The client agrees that during the term of this contract and for 18 months thereafter, they will not hire any employees of the interior landscape contractor to work in any horticultural capacity.
• The client is to provide and store an OSHA approved ladder if such is needed to service their plant inventories.
• If the client or owner chooses to change any plant or container due to new aesthetic consideration, or any other reason than due to health reasons, this will require the purchase of new plant(s) and or container(s).
• Any insects other than plant related insects that may infest the plant or container are not the responsibility of the interior landscape contractor.

Although any contract can have lists upon lists of responsibilities for you, as the vendor, and the client, it comes down to mutual respect between the two of you. You must establish from the beginning a good working relationship for the majority of your clients and only rely on the contract as the exception to your working relationship. If the client feels you are unreasonable or you are always looking to find exceptions to your contract, you will end up in a dispute that will cost you’re the ultimate relationship.

Work closely with your client because if you don’t the client will feel their contract is the technician they see during the service periods. If your relationship becomes that type of contact only, you will be relying on too little contact. Never loose your direct working relationship either by your personal contact or your mid-level management personnel.

Remember, no article could ever serve your full responsibility to produce a proper contract for your “Guaranteed” maintenance services. Use the services of a professional to help you draft this very important document to achieve the best protection for your and your company. The stronger your contract, the greater tool you will have to mange your “Guaranteed” service contracts. Good luck in these endeavors.