Question
Read the whole thing first please: Instructions: The contract should be one to two pages and written in plain English. Use complete sentences and be
Read the whole thing first please:
Instructions: The contract should be one to two pages and written in "plain English." Use complete sentences and be clear. Imagine yourself in this situation - what would you want the contract to say?
Contract must: include three specific tasks or projects as explained below, be clearly written, include some details, and use complete sentences.
The Situation: You or a family member owns a home that needs some landscaping done and have selected a landscaper to do the work. Assume this landscaper specializes in all kinds of outdoor work, including, for example, cement, tile, stone, fencing, planting, and irrigation. Write a contract so that both parties are clear on the scope of the work, the schedule of payments, and the deadline for completion of the work. The landscaping work must include three tasks or projects that can be described separately. For example, you could have work to be done in the front yard, side yard, and back yard. Or, you could have stone work, planting, and irrigation. You need to decide what tasks or projects should be done, describe the tasks or projects, give a price for each task or project, how materials or supplies will be purchased and paid for, the deadline for completion, and the payment schedule. You do not need to research the going rate and number of hours required for the specific tasks you select. Do your best to estimate fair prices and timelines for the work. The goal is write contract that is clear, specific, and enforceable.
Example: One of the tasks in my contract would be to replace fencing around my backyard. I would need to describe what needs to be done (such as removing and disposing of the old fencing, and what type of new fencing I want). I would also need to specify if I am purchasing the materials for the new fencing or if the landscaper is. In the contract, I would specify either (not both): (1) The landscaper shall purchase the fencing supplies, or (2) I will purchase the fencing supplies. I would also specify that I would pay for the supplies upon presentation of a receipt, or I would order supplies, pay for them, and have them delivered to my house. My contract would state that weather permitting, the new fencing shall be installed within two weeks of the date of the signed contract. If the weather does not permit this schedule, the landscaper shall make his or her best efforts to complete as soon as possible.
Suggestions: 1) Identify the parties to the contract in the first sentence, and provide the names to be used in the remainder of the contract. Then use those names in the rest of the contract. For example: The parties to this contract are homeowner Stephanie O'Neal ("O'Neal") and landscaper Suzi Smith ("Smith"). (When you refer to O'Neal and Smith in the rest of the contract, you do not need to use "" around their names.) 2) Separate the tasks or projects into three sections, separated with headings identifying the task or project. Cover the work, schedule, and payment for each within that section. Example of a heading: Replacement of Fencing 3) Think through and include some details, but you do not have to imagine or cover every potential possibility. For example, I would include "weather permitting" on the schedule for installation of the fencing. You may want to state whether the landscaper will have access to your backyard (if work is being done there), or may only complete the work during certain hours when you will be home. 4) Number your pages [page number] of [total number of pages] (i.e., 1 of 2, 2 of 2); and type the parties' names on the last page, with a line for signature and date next to each name. 5) You do not need to use legal terms in the contract. Write clearly. State what you mean. Imagine this work is to be done at your or a family member's house. Use words like shall, must, will, may, and use his or her best efforts.
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