Our Clients Ask Us: Landscape Contracts

Q: Our landscaper installed several new bushes last year. This year, many of them had died, and a new landscaper said that they were not planted properly. We asked the old landscaper to replace them, but he has refused to do so, stating that he made no warranties. We did not have a written contract. Can we recover from the landscaper?

ANSWER: Maybe. First, the Association should have had a contract with the landscaper, for the protection of both of you. A proper contract would likely be clear on any warranties after the installation of the bushes. However, even if there were no warranties, the Association may have a claim for failure to perform in a workmanlike manner.

Look at this situation from a cost-benefit analysis—was it $400 worth of bushes, or $4,000, or $40,000? If it was $400, it will likely be easier to just replace the bushes. If it was $4,000 or higher, the Association might want to file suit to recover the cost to replace the bushes. Keep in mind litigation is very expensive. The cost to hire experts and attorneys fees may greatly outweigh the cost of the replacement. Also, keep in mind that many contractors, even if they are sole proprietors, are shielded by an LLC or some type of corporate entity. This makes collecting a judgment much less likely unless there are assets titled to the corporate entity.

More importantly, look at this as a lesson. ALWAYS have a written contract with your vendors. If it is a large project (or even a small one), call our office to review it so that we can ensure that your Association is protected properly.

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