Landscape Contractor Issue

Started by BillB32 • 5 replies • 467 views

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BillB32 (California)
Posts: 1

Posted:

I am a Board member. Can the HOA hire a third party landscaper (other than ABC with whom we have a 2-year contract) to provide a service not in the contract (for example, acquire and plant a tree) and then require ABC to maintain the tree (trimming etc.)? Note that there is no language in the ABC contract that specifically forbids this.
In the past ABC has implied that they will not maintain any item that they have not installed. What are our rights as a customer of ABC?

AugustinD
Posts: 5,144

Posted:

Contractor ABC's objection is common and as far as I am concerned, reasonable. I suggest seeing if ABC would be agreeable to amending ABC's contract slightly. The amendment should state something like, "ABC is not liable for the demise of the newly planted tree at __________, should ABC's standard of care seem to be insufficient."

JohnC46 (South Carolina)
Posts: 14,265

Posted:

A landscaping contract is based on what was decided they would do as the property stood, not what they would do if property changes. Any additional work would be subject to charges.

KerryL1 (California)
Posts: 14,550

Posted:

We've had 3-4 landscapers at our HOA over time, and all their contracts say they aren't responsible for anything that they do not select, purchase or plant. You can't force them to care for a tree they didn't purchase & plant.

Why not have ABC acquire & plant the tree?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By BillB32 on 03/07/2020 10:09 AM

What are our rights as a customer of ABC?

To answer this, you will need to read the contract you have with the company.

An argument can easily be made that the contract was made for the existing conditions at the time and any changes requires new negotiations.

Extreme example: You hire a contractor to paint your house. Prior to the painting beginning, you build an addition onto the home. The contractor's price didn't cover the cost to paint the edition. They give you a choice: Pay them extra to paint the addition or don't have the addition painted.

Hope this helps.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Quote:

Posted By BillB32 on 03/07/2020 10:09 AM
I am a Board member. Can the HOA hire a third party landscaper (other than ABC with whom we have a 2-year contract) to provide a service not in the contract (for example, acquire and plant a tree) and then require ABC to maintain the tree (trimming etc.)? Note that there is no language in the ABC contract that specifically forbids this.
In the past ABC has implied that they will not maintain any item that they have not installed. What are our rights as a customer of ABC?

You absolutely can hire a third-party to conduct a tree planting and side-step your current landscaper. However, the landscaper may not touch it because they'd be blamed if the tree died pre-maturely, even if due to poor planting technique. You have zero rights to expect your contractor to service the newly-planted tree...no pro service will vouch for another company's quality of work.

What you should do is pay your current landscaper to perform this task provided they are true grounds management professionals and not a lower-rate grass-cutting service.

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