New York Residential Landscaping Services Agreement

NEW YORK RESIDENTIAL LANDSCAPING SERVICES AGREEMENT

Before you use this: Complete every blank and give the Owner the signed contract and cancellation notice before work begins. For a door-to-door sale, deliver both completed detachable cancellation copies at signing.

Contract date: [__/__/____] Project state and locality: New York, [COUNTY / CITY]

Property and work site: [FULL STREET ADDRESS]
Salesperson, if any: [NAME AND REGISTRATION NUMBER, IF REQUIRED]

1. Scope and materials

Contractor shall furnish the labor, supervision, equipment, and materials described here and, if attached, in signed Exhibit A. Work outside this scope requires a signed change order.

Contractor shall install the features identified above and, if attached, in the signed plan marked Exhibit A. Irrigation, drainage, grading, retaining work, tree removal, and ongoing maintenance are included only if expressly listed. Owner shall identify known underground lines and provide available site plans; Contractor shall coordinate required utility locating before excavation.

Owner-selected materials or products: [LIST OR NONE]. Who orders and pays for them: [____].

2. Price and payment

Contract price: $[____]. Tax: $[____ / INCLUDED]. Total: $[____].

The total of scheduled payments is the total price. Contractor will give an invoice identifying the milestone and payments already received. No party agrees to a deposit or advance payment greater than the limit, if any, imposed by the governing law. Financing, if separately agreed, is described in [ATTACHMENT / NONE].

3. Schedule and site

Approximate start: [__/__/____]. Approximate completion: [__/__/____]. What counts as start: [____]. Work hours: [____]. Owner will provide access, electricity, and water as follows: [____]. Contractor will protect the work area and remove its own debris. The party responsible for permits and inspections is [CONTRACTOR / OWNER], subject to any duty that governing law places on a particular party. Permit costs are [included / $____ additional].

Contractor will notify Owner promptly of a delay, its cause, and a revised completion estimate. Any change in price, scope, or payment schedule requires Section 4's signed change order.

4. Changes and concealed conditions

A change order must state the changed work, price adjustment, payment adjustment, and schedule effect, and be signed by both parties before changed work starts. No oral change changes the contract price.

Plant substitutions require Owner approval in writing and shall state the substitute species, container size, quantity, and price adjustment. A soil, drainage, rock, or concealed utility condition changing the work requires a signed change order before additional work.

5. Subcontractors, insurance, and property

Subcontractors: ☐ None anticipated ☐ Anticipated for [TRADE AND NAME]. Contractor remains responsible for work under this Agreement. Contractor's liability insurance carrier and policy contact: [____]. Workers' compensation status and carrier, if applicable: [____]. Owner may request available insurance evidence before work begins.

Contractor shall protect Owner's property reasonably, report damage promptly, and repair damage it causes, subject to the allocation in any signed change order. Owner will remove fragile items from the identified work area: [____].

6. Completion and warranty

Completion includes site cleanup, an as-built irrigation sketch if irrigation is included, controller instruction, plant-care directions, and a written punch list. Plant replacement warranty: [TERMS OR NONE], excluding [SPECIFIED CONDITIONS].

Owner will inspect within [____] days after Contractor gives written completion notice and list specific unfinished or defective items. Contractor shall correct agreed items within [____] days or another written schedule. Contractor's workmanship warranty is [DURATION, START DATE, COVERAGE, EXCLUSIONS]; manufacturer warranties are passed through as available. These promises do not limit rights that cannot be waived under governing law.

7. Cancellation and termination

Applicable cancellation notice and form: Section 9A and the attached Notice of Cancellation. Notice address and email: [____]. Any statutory cancellation right and required form control over this section. Owner may otherwise terminate future work by written notice. Contractor shall stop safely, provide an accounting for completed work and properly committed materials, and refund any unearned amount, subject to applicable law. Contractor may suspend future work after written notice of a material nonpayment or access failure and [____] days to cure, unless governing law requires a different procedure.

8. Disputes and general terms

The parties will first exchange written descriptions of a dispute and try to resolve it within [____] days. A court with jurisdiction in [STATE AND COUNTY] may decide any unresolved claim. This Agreement is governed by [STATE] law. No clause limits a statutory consumer remedy or lien right. Amendments must be signed by both parties. If one clause is unenforceable, the remaining clauses continue to the extent lawful. Notices go to the addresses above unless a party gives a replacement address in writing.

9. State-law schedule and attachments

Required registration, license, and salesperson disclosures: [____]. Deposit handling: Section 9A. Mechanics-lien notice: Section 9A. Insurance disclosure: Section 9A. Cancellation rule and form: Section 9A and attached Notice of Cancellation. Other local requirements: [____].

Attachments incorporated only if identified and signed or initialed by both parties: Exhibit A (scope and plans): [____]; Exhibit B (other required notices and forms): [____]; Exhibit C (change-order form): [____]. Contractor shall give Owner a fully completed copy signed by both parties before work begins.

9A. New York home-improvement terms

These terms apply to a covered New York home-improvement contract. The parties shall complete all information before signing. Approximate completion is [__/__/____]; the contingencies that may materially change it are [____]. Is a definite completion date of the essence? ☐ Yes, date [__/__/____] ☐ No. Contractor license number, if applicable: [____]. Contractor phone: [____].

Progress payments. Each payment in Section 2 must identify the completed phase and delivered materials before it is due, and must bear a reasonable relationship to the work, materials, or expenses then provided. OWNER NOTICE — ADVANCE PAYMENTS. Except for time-based charges for work already performed or materials already supplied under N.Y. G.B.L. § 771(1)(g), Contractor is legally required to deposit payments received before substantial completion under N.Y. Lien Law § 71-a(4). In place of the deposit, Contractor may deliver to Owner a qualifying bond, contract of indemnity, or irrevocable letter of credit guaranteeing the return or proper application of those payments. The parties select: ☐ New York escrow deposit ☐ qualifying bond ☐ qualifying indemnity contract ☐ qualifying irrevocable letter of credit. If escrow is selected, Contractor shall deposit each advance within five business days after receipt; the depositary is [NAME AND ADDRESS / TO BE IDENTIFIED IN WRITING WITHIN TEN BUSINESS DAYS AFTER DEPOSIT]. If an alternative is selected, Contractor shall deliver the instrument to Owner within ten business days after receiving each covered payment. Instrument issuer and identifying details: [____].

MECHANIC'S LIEN NOTICE. Any contractor, subcontractor, or materialman who provides home improvement goods or services pursuant to your home improvement contract and who is not paid may have a valid legal claim against your property known as a mechanic's lien. Any mechanic's lien filed against your property may be discharged. Payment of the agreed-upon price under the home improvement contract prior to filing of a mechanic's lien may invalidate such lien. The owner may contact an attorney to determine his rights to discharge a mechanic's lien.

Insurance disclosure before work. Contractor discloses that the property and/or casualty insurance policy covering this work is [CARRIER AND POLICY IDENTIFIER / NONE]. Insurer phone and address: [____]. The disclosure covers any contractor or subcontractor working on this home; additional provider and policy details, if any: [____].

THREE-BUSINESS-DAY CANCELLATION NOTICE. The Owner may cancel this home-improvement contract until midnight of the third business day after the Owner signs. A written notice stating the Owner does not wish to be bound is enough. Mail it to [CONTRACTOR NAME AND ADDRESS] or deliver it by [OTHER AGREED METHOD]. A mailed notice is given when properly addressed, postage prepaid, and deposited in a mailbox. For a door-to-door sale, the two completed detachable copies below must be furnished at signing. Contractor shall give Owner a signed copy of this contract before any work is done. This notice grants the ordinary cancellation right without requiring an emergency waiver.

Door-to-door sale notice. If this transaction is a door-to-door sale under N.Y. Pers. Prop. Law § 426 or 16 C.F.R. part 429, Seller shall complete the dates, name, and place-of-business address below before signing; provide the signed contract in the language principally used in the oral sales presentation and furnish both detachable cancellation copies to Buyer at signing in that contract's language, printed in bold type of at least ten points; and orally explain the cancellation right. Buyer keeps one completed copy when cancelling. Do not treat this delivery instruction as a waiver of any other cancellation right.

Seller refund policy for goods, wares, or merchandise in a covered door-to-door sale: [STATE THE ACTUAL POLICY, INCLUDING RETURN CONDITIONS, PERIOD, METHOD, AND EXCLUSIONS; OR STATE THAT NO GOODS ARE SOLD UNDER THIS CONTRACT].

NOTICE OF CANCELLATION — COPY 1

Date of transaction: [__/__/____]

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.

IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.

IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO [SELLER NAME] AT [SELLER'S PLACE-OF-BUSINESS ADDRESS] NOT LATER THAN MIDNIGHT OF [__/__/____].

I HEREBY CANCEL THIS TRANSACTION.

Date: [__/__/____] Buyer's signature: ____________________

NOTICE OF CANCELLATION — COPY 2

Date of transaction: [__/__/____]

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.

IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.

IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO [SELLER NAME] AT [SELLER'S PLACE-OF-BUSINESS ADDRESS] NOT LATER THAN MIDNIGHT OF [__/__/____].

I HEREBY CANCEL THIS TRANSACTION.

Date: [__/__/____] Buyer's signature: ____________________

10. Signatures

YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FOR AN EXPLANATION OF THIS RIGHT.

Additional owner, if any: Signature ____________________ Name [____________] Date [__/__/____]