Green Industry Contract Disputes
I grew, designed, installed, and maintained commercial landscapes over a period of two decades. I may not have seen it all; however, I have seen just about all of it. Every trick, every sharp turn, and every U-turn in the business. The slick performers, the dishonest vendors; you name it, and there is a great probability I have seen it.
There may be an assumption that a contract is a contract, and that the Green Industry is no different contractually than any other industry or profession. And that may well be true. However, there are variables and nuances associated with living things that are not found in other contractual scenarios, especially, breaches of contract or agreements.
The variables to contractual disputes regarding landscapes and landscape installations include insects, diseases, nematodes, and confusion regarding the identification of these possible pests. There are matters of irrigation and too much water versus not enough water, which would cause a plant or tree to die or fall below a marketable condition. The spread of diseases by pruning or movement of mulch and litter is also a contributing factor important in your settlement negotiations. The wrong plant in the wrong place, as specified by a landscape architect, may not be the fault of your client, the landscape installer.
The American National Standards Institute or other Grades and Standards treatises factor as a profound variable in negotiated settlements. Other considerations include planting depth, root ball integrity, volcano mulching, confusion between common names, mishandling of product when offloading from trucks, improper staking, pruning issues, establishment issues, Acts of God, maintenance interference with installation practices, and other variables affecting your case.
I offer desktop reviews, typically as a professional courtesy, of your particular case and the industry nuances associated with landscape installations.