How to work with a

Transcription

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?
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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.
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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)
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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.
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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.
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