New contract requirements go into effect January 2, 2024.
See #12 under Contract standards for changes.
When are contracts required?
Written contracts are required for landscaping work when a business charges $2,000 or more. This includes:
- all landscape work;
- on the same job site;
- for the same owner; and
- in a 12-month period.
There are specific requirements that must be in a written contract for landscaping work.
Contract standards
Landscaping contracts and subcontracts with a property owner or an agent of the property owner must include, but not be limited to, the following:
- Landscape contracting business name, license number, business physical address, mailing address, and telephone number;
- Consumer's name and address;
- Address or location of work to be performed if different from the consumer's address;
- General description of the work to be performed and the materials to be installed;
- Estimated time for completion or estimated completion date;
- Price and payment schedule;
- Description of guarantee; if no guarantee such a statement shall be included;
- Signatures of the authorized business representative and consumer;
- Statement that the business is licensed by the State Landscape Contractors Board and the current address and phone number of the board.
- If subcontractors will be used for the performance of landscaping work, the contract must include a statement notifying the consumer that there may be subcontractors used to perform landscape work.
- If the contract contains an arbitration clause, a statement that the consumer may be waiving their right to access the LCB claim process and business’ bond.
- As of Jan. 2, 2024: A "Notice of Right to Cancel Contract" page attached to the written contract. This notice explains the consumer has 3 business days to cancel a contract, that the cancellation must be in writing, and clearly state the contract is being canceled.
- A form of electronic communication such as fax, email, or text messaging, or if no electronic communication is available, a physical address for hand delivery of a written cancellation notice
Change orders
Change orders or amendments to written contracts are required. A change order needs to:
- identify the scope of the change or amendment;
- be agreed to by both parties; and
- be in writing.
Change orders need to be agreed on, but signatures are not required. An email or a text message from both parties stating agreement is acceptable.