What Should Be In A Landscaping Contract?

Yes, your landscaping business should have a written contract for both once-off projects and recurring garden maintenance work.

The slightly more nuanced answer is that you usually need two versions: one for project work, like a backyard redesign or retaining wall, and one for ongoing maintenance, like monthly mowing, pruning and weed control. The risks are different, so the wording should be different too.

A good landscaping contract in Australia doesn't just say what you're doing and what it costs. It helps you manage the messy parts of the job - weather, site access, hidden ground conditions, materials, council approvals, variations and payment timing.

This doesn't have to be complicated. The goal is to make sure you and your client are clear before you unload the tools.

Do You Need A Written Contract For Landscaping Work?

Yes, you should use a written contract before you start landscaping work, even if the client seems easygoing or the job feels straightforward.

Landscaping jobs often change once work begins. You might discover poor drainage, buried concrete, tree roots, access problems or a client who suddenly wants a different stone, plant or layout. Without clear terms, those changes can turn into arguments about who pays and when the job should be finished.

Your contract can be signed as a standalone services agreement, accepted quote terms, online booking terms, business terms and conditions or a maintenance agreement. The format matters less than the content. What you want is clear written proof of:

• what work is included
• what work is excluded
• how the price was calculated
• when payment is due
• what happens if the scope changes
• who is responsible for approvals, materials, access and site conditions
• when either side can end the arrangement

You should also think about the Australian Consumer Law. If you're providing services to homeowners or small business clients, you may have consumer guarantee obligations, including that your services are provided with due care and skill, are fit for purpose and are supplied within a reasonable time if no time is agreed.

Since 9 November 2023, unfair contract term laws can also carry penalties for standard form consumer and small business contracts. So, your terms shouldn't be one-sided in a way that goes beyond what's reasonably needed to protect your business.

What Should Your Landscaping Services Agreement Cover?

Your landscaping services agreement or maintenance services agreement should cover the scope, price, timing, assumptions, client responsibilities and what happens when things change.

Templates can be a helpful starting point, but landscaping has some very practical risks that generic service agreement terms often miss. For example, a garden maintenance contract template might cover mowing dates, but say nothing about green waste disposal, wet weather, irrigation failures or unsafe access.

Here's a practical outline you can use to brief your lawyer or check your current document. This isn't a finished legal document, and it should be tailored before you use it with clients.

1. Parties: List your business name, ABN or ACN if relevant, contact details and the client's details.
2. Services: Describe the landscaping or maintenance work clearly, including plans, drawings, schedules or specifications.
3. Exclusions: State what isn't included, such as electrical work, plumbing, tree permits, pest treatment, structural engineering or council fees.
4. Quote And Price: Explain whether the quote is fixed, estimated or based on hourly rates and materials.
5. Deposit And Milestones: Set out when deposits, progress payments and final payments are due.
6. Materials: Cover who chooses materials, who orders them, what happens if they're unavailable and when title passes.
7. Variations: Explain how changes are requested, priced, approved and scheduled.
8. Delays: Cover weather, supplier delays, client delays, unsafe sites and events outside your control.
9. Site Access And Conditions: Set expectations around access, parking, water, power, pets, existing services and underground risks.
10. Approvals And Compliance: Allocate responsibility for council approvals, strata consent, tree removal permits and licence requirements.
11. Maintenance Terms: For recurring work, cover frequency, minimum term, missed visits, notice to cancel and price reviews.
12. Payment Defaults: Set out late payment consequences, debt recovery costs where lawful and the right to pause work.
13. Liability And Insurance: Explain limits on liability, client responsibilities and the insurance you hold.
14. Termination: State when either side can end the contract and what happens to unpaid amounts or materials already ordered.

If you use quote terms, make sure the client accepts them before work starts. A quote sent after a phone call is helpful, but it's much stronger if the client signs it, clicks accept or replies clearly approving the terms.

How Should Your Quote Terms And Payment Milestones Work?

Your quote terms should say exactly what the client is paying for, how long the quote is valid, and when you expect to be paid.

For once-off projects, avoid relying on a one-line quote like front yard landscaping - $12,000. That leaves too much room for debate. Instead, break the quote into clear inclusions and assumptions.

Your landscaping quote terms should cover:

• whether prices include GST
• how long the quote is open for acceptance
• whether the price is fixed or may change if assumptions are wrong
• deposit amount and due date
• payment milestones, such as on commencement, completion of excavation, delivery of materials and practical completion
• when the final invoice is due
• whether you can pause work for overdue invoices
• who pays extra costs for site issues, client delays or requested changes

Say Mia runs a landscaping business in Geelong. She quotes $18,000 plus GST for a backyard upgrade. Her terms say the client pays:

• 20% deposit on acceptance, being $3,600 plus GST
• 40% when excavation and base preparation are complete
• 30% when paving and planting materials are delivered to site
• 10% on practical completion

Halfway through, the client asks for an extra garden bed and upgraded edging. Mia prices the variation at $2,400 plus GST, sends a short written variation, and the client approves it by email before she orders the extra materials. Because Mia's quote terms are clear, the extra work doesn't get swallowed into the original price.

For recurring maintenance, your payment terms might look different. You may invoice monthly in advance, monthly in arrears, or after each visit. If there's a minimum term or a cancellation notice period, put that in plain English.

How Do You Manage Variations, Delays And Site Conditions?

You manage variations, delays and site conditions by having a simple written process that kicks in before extra costs are incurred.

This is one of the biggest difference-makers in landscaping contracts. Even well-scoped jobs can change once you start digging or the client sees the project taking shape.

Variations

Your contract should say that a variation includes any change to the agreed services, materials, design, timeline or site requirements. It should also say that you don't have to carry out a variation unless it's agreed in writing, including the price and any time impact.

A variation process can be very simple:

1. The client requests a change, or you identify extra work.
2. You provide the additional price, timing impact and any assumptions.
3. The client approves it in writing, including by email or text if your contract allows that.
4. You invoice for the variation as agreed.

This helps you avoid the classic problem of doing extra work to keep the client happy, then struggling to get paid later.

Weather Delays

Your contract should allow reasonable extensions for weather that makes work unsafe, impractical or likely to damage the site. Heavy rain, extreme heat, high winds or waterlogged soil can all affect landscaping work.

Try to avoid promising a hard completion date without a delay clause. A better approach is to give an estimated timeframe and explain that weather, supplier delays, approval delays and client-caused delays can move the schedule.

Site Conditions

Your contract should also deal with unexpected site conditions. This might include rock, clay, contaminated soil, asbestos, hidden concrete, poor drainage, underground services, tree roots or unstable retaining areas.

A fair clause usually says your quote is based on visible conditions and information provided by the client. If unexpected conditions require extra labour, equipment, specialist reports or materials, you'll provide a variation before continuing where practical.

Who Is Responsible For Materials, Access And Council Approvals?

Responsibility should be allocated clearly in your contract, because these issues can affect cost, timing and safety.

Materials are a common source of disagreement. Your contract should say who selects them, whether substitutions are allowed, what happens if products are unavailable, and whether colour or natural variation is expected. This matters for stone, timber, turf, mulch, plants and pavers, where samples may not perfectly match the final product.

You should also cover who owns materials once they're paid for or delivered. If you order custom materials and the client cancels, your terms should explain whether the client still pays for them.

Access is just as important. Your client should be responsible for giving you safe and reasonable access to the site, including access to water and power if needed. You may also need clear terms about pets, locked gates, parking, steep driveways, narrow side access and moving personal items out of work areas.

Council approvals can be more complicated. Depending on the job and location, approvals may be needed for:

• retaining walls
• decking, pergolas or shade structures
• driveway crossovers
• tree removal or pruning
• stormwater changes
• work near easements or boundaries
• pool fencing and pool area works

The exact rules vary between councils and states. Some structural landscaping work may also require a licensed contractor, depending on the state or territory and the type or value of work.

Your contract should say whether you're responsible for obtaining approvals, whether the client must do it, or whether you can help for an extra fee. If the client is responsible, make it clear that delays or refusal of approval may affect the price and timeline.

For underground services, it's sensible to require the client to disclose known services and to allow you to check before digging. You should also have a process for what happens if hidden pipes, cables or irrigation lines are discovered or damaged.

What Should You Do If A Client Does Not Pay Or A Job Goes Off Track?

If a client doesn't pay or a job starts going off track, act early, keep written records and avoid doing extra unpaid work while the issue is unresolved.

Start with the practical steps:

1. Check the contract: Look at the scope, payment terms, variation process, delay clauses and termination rights.
2. Gather records: Keep the signed quote, emails, texts, photos, timesheets, delivery receipts and invoices.
3. Send a clear written update: Explain what has happened, what is owed, what decision you need and the deadline for responding.
4. Pause if your contract allows it: If payment is overdue, you may be able to suspend work until the account is brought up to date.
5. Confirm any agreement in writing: If you agree to a payment plan, revised scope or new completion date, record it clearly.
6. Get help before terminating: Ending a contract incorrectly can create its own problems, so check your rights first.

For commercial or construction-related landscaping work, state and territory security of payment laws may give you a process to recover progress payments. The rules and deadlines are strict and vary across Australia, so it's worth getting advice before serving a payment claim or responding to one.

Be careful with late fees and interest. You can include reasonable late payment terms, but penalty-style charges can be difficult to enforce. Debt recovery costs should also be handled carefully and should match what your contract and the law allow.

If the client is unhappy with the work, go back to the agreed scope first. Sometimes the problem is a defect you need to fix. Other times, the client is asking for an upgrade or extra work. Your contract should help separate those two situations.

The Australian Consumer Law may also matter here. If the work has a genuine issue, the client may be entitled to a remedy. A well-written contract doesn't remove those legal rights, but it can reduce disputes about what was promised in the first place.

Key Takeaways

• You should have written terms for both once-off landscaping projects and recurring garden maintenance work.
• Your contract should cover scope, exclusions, quote terms, deposits, milestones, materials, variations, delays and site access.
• Weather delays, unexpected site conditions and supplier issues should be dealt with before they become disputes.
• Council approvals, licences and site compliance can vary by location, so your contract should allocate responsibility clearly.
• For ongoing maintenance, include visit frequency, cancellation rights, missed visits, payment timing and price review terms.
• If something goes wrong, keep records, communicate in writing and check your contract before pausing work or ending the job.

If you'd like help with your landscaping contracts, quote terms, maintenance agreements and variation process, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.