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| How to Avoid Landscaping Problems |
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How to Choose a Licensed Landscaping Business
Most landscaping projects are completed without difficulties and people are satisfied with the finished project. Some projects involve minor disputes over workmanship and contract issues which are due mostly to communication errors. However, a few projects occur where major problems arise and the Oregon Landscape Contractors Board (LCB) has learned many of these problems can be avoided if the following steps are taken prior to having the work done:
- Develop a list of potential landscape contracting businesses.
- Ask friends, neighbors, relatives and co-workers who they have used and would recommend from their experience. Ask the question: "would you use this landscaping business again?
- Make sure the business is licensed with the Landscape Contractors Board
- Licensing mans the business has a surety bond (min. $3000.00), general liability insurance (min. $100,000.00) and has at least one (1) licensed individual landscape contractor on staff who is to supervise the work that is done on your project. This person has passed a comprehensive examination and has experience in the landscaping industry for at least two years.
- Call the Landscape Contractors Board: (503)986-6561 or check on our web site: www.lcb.state.or.us and click on "Verify License" to see if the business is licensed. If they are, then you can get help in resolving disputes and have access to a "bond" for negligent work or breach of contract.
- Check the level of license. Does it correspond to the type of work you are going to have done?
- Standard License: Planning and installing lawns, shrubs, vines, trees, water-features, and any other decorative vegetation. The license also allows tree service work and the building of fences, decks, arbors, drive ways and retaining walls if done as part of a total (but not a major part) landscape project. If the business has a $10,000 bond (instead of $3,000) then the business can do fences, decks, arbors, driveways and retaining walls independent of other landscape work.
- Irrigation Only with Backflow License *: Planning and installing of irrigation systems and the installation of Backflow devices.
- Note: Backflow license holders will have a "Plus Backflow" on their license card. If it is not there, then Backflow installation is not allowed.
- All Phase with Backflow License: All aspects of landscape installation and construction are allowed with this license. This is the "highest" level of licensure with the Landscape Contractors Board.
- Check Trade Associations the Business belongs to.
- Membership in a professional association is one sign that a contractor recognizes the importance and responsibilities of being a professional in this industry.
- OLCA: Oregon Landscape Contractors Association
- ALCA: Associated Landscape Contractors of America
- 1-(800) 395-ALCA or (703)736-9666
- Get two or more specific written bids for larger jobs
- Make sure you understand the differences in the bid elements and the price variations in the bids. Be careful of "low" bids, "special deals" or a "great deal from a friend of a friend". You usually "get what you pay for" applies to landscape projects. A higher bid may be worth the price in better materials, workmanship and reliability.
- Ask lots of questions. Examples:
- What experience or expertise do you have?
- Do you have specialty areas?
- Who will be supervising the work from you company? Is this person an individual licensed contractor? License number?
- Who will be doing the actual work? Employees of your company or subcontractors, or both?
- Who and when can I call when I have questions or problems during the course of the project?
- How long will the project take?
- In what condition will the project be left at end of each work day?
- What inconveniences or potential problems will I encounter during the project?
- How will payment (s) be made and on what schedule?
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| How to Work with a Licensed Landscaping Business |
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- Plan your project carefully.
- Make a plan. A "to scale" drawing is important for visualization of the project and for determining and satisfying your expectations
- Always consider your budget when planning.
- Find pictures of landscapes and materials you like and show them to the contractor.
- Study your plans carefully, walk through the project and approve the plans in writing before work begins.
- Use a WRITTEN CONTRACT All landscape projects require, by law, a written contract. This protects you and the contractor in case of dispute. One of the biggest causes of problems in the landscaping industry is lack of contract(no contract), a poor contract or a contract that has not been read. put all agreements in writing.
- A contract needs to include:
- Landscape business name, address, phone number and LCB number.
- Consumers name and address
- Address of Job site
- A list of plant materials used, their size, quantity (this can be referenced back to the plan)
- General description of the work to be performed
- Estimated time for completion and completion date
- Description of guarantee. If there is no guarantee, this needs to be stated.
- Signatures of both parties
- Statement that the business is licensed with the Oregon Landscape Contractors Board and the LCB´s address and phone number.
- Any special requirements that you and the contractor decide on.
- Make all changes to the contract IN WRITING. If you change your mind or if the contractor decides there is a better or different way to do something, you decide to add or subtract portions of the work, do it in writing. Make sure the costs associated with the change are included and that you and the contractor sign the "change order".
- Obtain all needed Building Permits. Some parts of a landscaping project require permits from the building department in your city or living area. Examples are: driveways, some decks, retaining walls in excess of a certain height, backflow installation and low voltage (irrigation wire- in some areas). Usually contractors obtain these permits, but ultimately the owner is responsible that all required permits are obtained.
- Pay in installments.
- Legitimate contractors are entitled to a down-payment to "cement" the contract. Usually this is from a 25 to 35% of the total contract price. It is important to find the "balance" where the contractor has enough money to buy the materials necessary to start the project but you retain enough money to ensure satisfactory completion. Do not let your payments get ahead of the work completed. You can request from your contractor invoices that determine the percentage completion on a job which allows you to determine the progress of the project. Make your final payment when the job is complete and you are satisfied with the work.
- Avoid Liens-Right to Lien Notice: Homeowners are ultimately responsible for payments to subcontractors and suppliers even if they have paid their licensed landscaping business in full. Do not let your landscaping start until you receive an "Information Notice to Owner about Construction Liens" This explains lines and how to protect yourself. Read it carefully and follow its advice.
- Keep good written records: Keep a log of conversations, copies of correspondence, cancelled checks, the contract, change orders and receipts. If problems arise you will have them documented.
- Communicate: Do not be afraid to talk to your contractor during the project. Most problems arise between clients and contractors because of lack of communication. If the contractor refuses to return calls, or if you refuse to communicate your questions or problems, the project is sure to result in a dispute.
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| How to Get Help if There's a Problem |
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If problems arise, try your best to resolve them with the landscaping business doing the work for you.
If problems persist and are not resolvable, either call the LCB for a claim form and packet or go to our website: www.lcb.state.or.us and click on "Forms" for immediate information downloads.
o Consumers can file claims with the LCB if the landscaping business is licensed, you have a contract with the business and the business has done negligent or improper work, breached a contract or otherwise caused damage to the consumer.
The deadline for filing claims is one year from when the work was substantially completed excluding warranty work (date the provisions of the contract were substantially fulfilled or date contractor left site w/o finishing the terms of contract and did not return).
How to Contact the LCB
Call (503) 986-6561. If you reach a recording please leave a message. Someone will call you back.
To check a license status: search on our website: www.lcb.state.or.us and click on "Verify License" or call (503)986-6561.
Send us an email: lcb.info@state.or.us
To request publications, forms or other information either download from our website: www.lcb.state.or.us or call (503)986-6561 and make your request.
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| Claims |
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General Statement
The staff of this section receives and processes complaints ("claims") against licensees. A claim may be filed by an owner alleging breach of contract, negligent or improper work; by an employee alleging nonpayment of wages; by a supplier alleging nonpayment for materials; or by one contractor against another, for breach of contract, negligent or improper work, or nonpayment. Each claim is processed by the Claims Examiner. In many cases, an investigation takes place at the job site. A Claim Investigator reviews conditions and attempts to help the parties reach a compromise settlement of their dispute. More often than not, the parties agree to a settlement which resolves the claim.
Sometimes, the parties cannot or will not agree to a settlement. In those cases, the Claims Examiner sometimes issues an order proposing that the contractor should pay an amount of money to the claimant or, occasionally, proposing that the claim should be dismissed. If either party objects to the order, they may request a hearing. Then, and in certain other cases, the case moves to the Office of Administrative Hearings, where it will be decided by an Administrative Law Judge. The result, should the claimant prevail, will be a cash award payable by the contractor, very similar to a court judgment.
To file a claim a Statement of Claim form must be completed. Click on the "Forms" link to the left to view these forms.
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| Enforcement |
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General Statement
The LCB investigates suspected wrongdoing by contractors (outside the scope of a "claim"), such as working while not licensed, or other violations of law. The LCB contracts with a number of private investigators around Oregon. When violations are discovered, civil penalties (fines) and other sanctions are proposed.
If a party seeks to contest a proposed civil penalty or other sanction, the case moves to Office of Administrative Hearings, where an Administrative Law Judge determines whether the action proposed by the LCB is proper. Although "claims" may be processed only against licensed contractors, as part of its activity, the Enforcement Section is often able to bring about restitution to consumers harmed by contractors who have performed work while not licensed.
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