How to work with a
The following services do not need licensing: Landscape maintenance (work done on an already existing landscape--this includes mowing, edging, hedge clipping, bark dust spreading and brush clearing) or up to $500 worth of minor and inconsequential work as long as the person does not advertise or otherwise “hold out” as a contractor (for example, a neighborhood teenager who mows and trims your lawn twice a month in the summer could replace a few shrubs without being licensed). Ask to see a current license (illegal landscapers will insist they’re licensed or will show you a business card with a phony license number). Call the LCB Licensing Section at 503-378-4621 ext. 4900. Be ready to provide the business license number. Ask if the license status is active, how long the business has been licensed and what kind of work the business is licensed to do. If the landscape business you contract with is licensed with the LCB, you can get help resolving landscaperelated disputes. Ask lots of questions. What experience or expertise do you have? Do you specialize? Who will be doing the actual work--you, subs or employees? Who can I call with questions once the project starts? How/When can you be contacted if there are problems? How long should the job take? What kind of mess, noise and inconvenience can I expect? What problems may come up? 4 How to work with a licensed landscaping business Plan your project carefully. Consider your budget. Find pictures of landscapes and planting materials you like and show them to your contractor. Study your plans carefully and approve them before work begins. Use a written contract. All landscape projects require, by law, a written contract. A written contract protects you and the contractor. One of the biggest causes of LCB claims is contracts--no contract, a poor contract or a contract that no one pays attention to. Put all agreements in writing! The contract should include: 1) Landscaping business name, license number, business address and phone number. 2) Consumer's name and address. 3) Address and location of work to be performed. 4) A list of plant materials to be used, their size and quantity. 5) General description of the work to be performed. 6) Estimated time for completion and completion date. 7) Price and payment schedule. 8) Description of guarantee. If there is no guarantee, a statement that indicates same. 9) Signatures of the business licensee and consumer. 10) Statement that the business is licensed by the Oregon Landscape Contractors Board, the LCB's address and phone number. 11) Anything else you feel is important to the job (clean-up, removal of debris, special requests, etc.). Make changes in writing. People sometimes change their minds during a landscaping project. If changes are made at the right time, the cost and length of the job may not be affected. Delay, however, can mean costly changes. If changes in the plans or contract occur during the project, put them in writing as amendments to the contract, including any differences in cost. Both you and your contractor should sign these change orders. Communicate. Talk to your contractor during the project. Many disputes happen because people fail to communicate at every step of the project. If in doubt, talk it out. Ask questions about what you’re unsure of. How can I prevent repair problems? How do I maintain my new landscaping? Pay in installments. Legitimate contractors are entitled to a sizable down payment-a third to a fourth of the total cost of the contract is common. Find a balance where the contractor has enough money to buy materials and begin work, and you have enough at the finish date to ensure satisfactory completion. Don’t let your payments get ahead of the work completed. Make your final payment when you are satisfied the job you contracted for is complete. Avoid liens. Homeowners are ultimately responsible for payments to subcontractors and suppliers even if they have paid their licensed landscaping business in full. Do not allow your landscaping project to start until your contractor gives you an "Information Notice to Owner about Construction Liens." This explains liens and how to protect yourself. Read it carefully and follow its advice. Keep good written records. Keep a log of conversations. Keep copies of all documents, correspondence, canceled checks, the contract, change orders, receipts, etc. If problems develop later, you will have them documented. Obtain needed building permits. Some parts of a landscaping project (some decks, for example) require building permits from the local building department. Usually contractors obtain the permits because they know what permits are required. But ultimately, the owner is responsible for making sure the required permits are obtained. 5 7 8 How to get help if you have problems If problems or disagreements occur, work with your licensed landscaping business. If problems persist, call the LCB to request an information packet that includes a brochure on the claims process and necessary claims forms. Homeowners can file claims with the LCB if they think the licensed business has done negligent or improper work, breached a contract, allowed liens to be filed, or otherwise caused damage. Generally, the deadline for filing claims is one year from when the work was substantially completed. You can file a claim if you have a direct contractual agreement with a licensed landscaping business. How to reach the LCB If you reach a recording, please leave a message. Someone will call you back. To check the licensing status of a landscaping business, call 503-378-4621 ext. 4900. To ask general claims questions, call 503-378-4621 ext. 4910. To request a claim form/packet or a Consumer Publication Order Form that lists all the free publications available from the LCB, call 503-378-4621 ext. 4974. Publications and other information are also available at www. lcb.state.or.us. (l-avoid/5-99) 9 How to choose a licensed landscaping business Avoiding Landscaping Problems Tips from the Landscape Contractors Board How to choose a licensed landscaping business How to work with a licensed landscaping business How to get help if you have problems Phone: 503-378-4621 24-hour automated contractor inquiry: 503-365-7484 Fax: 503-373-2007 www.lcb.state.or.us PO Box 14140, Salem OR 97309-5052 700 Summer St. NE Suite 300 Most landscaping projects are completed without difficulties. Some projects may involve minor disputes. A few result in major problems. The Oregon Landscape Contractors Board (LCB) has learned that many of these problems can be prevented. Here are some suggestions to help make your landscaping experience a pleasant one. Develop a list of potential contractors. Ask friends, neighbors, relatives and coworkers who they have used. Find out if their experiences were good or bad and why. Ask if they would use this contractor again. Ask for references. Check with previous customers. Call the Better Business Bureau (503-226-3981) and the Department of Justice Consumer Information Hotline (503-378-4320, 229-5576) for information about previous consumer complaints. Ask what trade association the contractor belongs to. Membership in a professional association is one sign that a contractor recognizes the responsibilities of being a professional. Get two or three specific written bids for bigger jobs. Make sure you understand any wide variations in bids. Be careful of “special deals” or a “great deal from a friend of a friend.” Don’t automatically accept the lowest bid. The old saying, “you get what you pay for,” applies to landscaping projects. A higher bid may be worth the price in better materials, workmanship and reliability. 2 Make sure the landscaping business is licensed with the Landscape Contractors Board. Licensing means the business has a surety bond, liability insurance and a licensed landscape contractor on staff. Licensed landscape contractors have a minimum of two years of landscaping experience and have passed a comprehensive exam. Who needs to be licensed? Licensed landscaping businesses may be licensed for all or any combination of the following: planning and installing lawns, shrubs, vines, trees and other decorative vegetation; and construction fountains, drainage and irrigation systems. Licensed landscaping businesses are allowed to build fences, decks, walkways, arbors, driveways and retaining walls if such projects are part of a landscape project and are not the major part of the project. Licensed landscape businesses with a $10,000 bond are allowed to build fences, decks, walkways, arbors, driveways and retaining walls not in conjunction with a landscaping project. Tree service businesses also need to be registered with the Contractors Board (503-378-4621 ext. 4900) or hold a LCB landscape business license. 3
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