Open Association of Landscape Industries
Commercial Contracts - examples?
Hi All,
I'm on the hunt for an example of a simple maintenance contract. Just had a quick search but they all seem so complicated? I already do a few 12 monthly maintenance jobs without contracts but as the jobs are getting bigger in some cases it means investing in machinery and labour and I don't want to leave myself exposed.
Replies to This Discussion
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PRO MemberPermalink Reply by Gary RK on -
In my experience, the two are mutually exclusive, ie if you want to be covered for all eventualities in the commercial world you need a watertight contract. Otherwise you can be roasted.
Contracts for residential work are always biased to client ( due legislation, TS, consumer act etc). Contracts for commercial work is often subject to 'contract wars' or by how much you need to bend over to get the contract. Commercial clients typically always win out with last terms wins...
If you have found a good, but comprehensive contract go with it. If you are 'uncomfortable' with it, consider having it reviewed, modified or a template one drawn up for future use.
A 'made up' contract will not help you....
A couple of the 'business link' style organisations run free contracts workshops - at least they do round here..
p.s. our template contract cost several hundred £'s. It's focused on what we do, how we do it and how we expect to run a contract. It occsssionally gets sections red-lined, but on the whole I feel protected by it Importantly I feel I can go to 'war' with it if needed.
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PRO MemberPermalink Reply by Brian www.mibservices.co.uk on -
You cant cover yourelf for new machine investment, thats not any potential customers problem. You either invest and hope to keep getting work for the machines or you dont. Its always a risk, just think through any big investment thoroughly before comitting the cash to it.
At the end of the day, all contracts will be in favour of the clients, never for the service provider.
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Permalink Reply by Jonathan Grayfox on -
Thanks for the input guys. The machinery would be use on other jobs so I am not to worried about that. But if a sizeable contract came up and was cancelled after a month you would be left high and dry with the extra staffing costs. I have to confess I was hoping to to find an existing contract and then adapt it to my needs. To be honest it would be hard to find the time and money at the moment to start from scratch.
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PRO MemberPermalink Reply by Dan Frazer Gardening on -
Jonathan you can't just be lazy and grab someone else's contract! You need to tailor one for YOUR business. All you are referring to can be simply one page of terms and conditions. Combined with spec and other elements this forms the 'contract'.
Incidentally, the search function will lead you to quite a few different discussions exactly the same as this, including some with documents attached to them.
Good luck though, hopefully you find some decent clients.
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Permalink Reply by Craig Downey on
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Jonathan Grayfox said:Thanks for the input guys. The machinery would be use on other jobs so I am not to worried about that. But if a sizeable contract came up and was cancelled after a month you would be left high and dry with the extra staffing costs. I have to confess I was hoping to to find an existing contract and then adapt it to my needs. To be honest it would be hard to find the time and money at the moment to start from scratch.
Sounds a bit harsh, but if you emply someone, you can sack them within 12 months for no reason.
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PRO MemberPermalink Reply by Gary RK on -
Jonathan, the problem is that you can not simply modify an existing/model/template contract and expect it to stand up in a court of law UNLESS you totally know contract law.
That is why expert advice is needed otherwise, it is an empty guesture that would be ripped apart in case of a contractual dispute.
If you need some good advice/guidance (and free) go look at the old BusinessLink support site :
http://online.businesslink.gov.uk/bdotg/action/searchAdvancedMode?e...
This may help you
Jonathan Grayfox said:Thanks for the input guys. The machinery would be use on other jobs so I am not to worried about that. But if a sizeable contract came up and was cancelled after a month you would be left high and dry with the extra staffing costs. I have to confess I was hoping to to find an existing contract and then adapt it to my needs. To be honest it would be hard to find the time and money at the moment to start from scratch.
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Permalink Reply by David Channon on -
I suggest you invest in a good Solicitor.
When you need to rely on them, which I hope isn't often, a watertight contract is a must.
If you want peace, prepare for war!
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Permalink Reply by briggsandscrapem on -
Jonathon if your just doing maintenance then i would can the contract idea if i were you. Any commercial clients that require a contract will have their own for you to adhere to.
Landscape construction is a different matter.
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PRO MemberPermalink Reply by Anthony @ JDC Maintenance on -
I have several domestic clients on a 12mth 'contract' which is basically, as Dan says above, is a list of terms and conditions, with job specific elements included.
A proper full on commercial contract is entirely different and would need to be legally correct for obvious reasons.
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