CONTRACT TERM
All work will be completed as described within the approved estimate, plans, and/or designs. The pricing listed in the estimate, associated with this contract, is an “estimate”. An “ESTIMATE" is defined as a written statement indicating an “APPROXIMATE” calculation of a price that will be charged for specified work. Some variation in final costs may occur based on final material quantities. Pricing within estimates is created assuming the entire project is agreed upon. If the estimate is picked through, pricing may change by line item.
Any alterations or deviations from the proposed project involving extra costs will be executed upon a signed change order or any agreement in writing, for example: text and/or email.
Project schedules are dependent on the weather and other conditions and therefore may be subject to change. JK Landscape Construction will make every effort to complete the project in a timely manner. All agreements are contingent upon material availability, strikes, accidents, and/or delays beyond our control.
Unless otherwise noted, the estimate does not include any permits and/or permit fees. JK Landscape Construction can obtain the necessary permits for an additional fee. (Permit Fee + Office/Design Time)
JK Landscape Construction will carry liability and workman’s compensation insurance. Bonding is available upon request at the client’s expense.
If required, JK Landscape Construction will submit a utility locate request to Gopher State One Call (GSOC), prior to the start of your project. It is the Client’s Responsibility to mark all of their personal/private underground lines including, but not limited to sprinkler heads & lines, septic system drain fields & wires, wellheads & wires, invisible pet fencing, drain tile, geothermal lines, and everything that GSOC does not locate. JK Landscape Construction is not responsible or liable for damage to any private utilities.
The landowner is responsible for approving and showing JK Staff available access paths and staging areas for materials and equipment on their property. JK Landscape is not responsible for damage within the approved access path and staging areas. (ie: driveways, sidewalks, septic system, drain field, etc.)
Extra charges may be applied to the final invoice if the following is in the work areas: animal waste, furniture, debris, etc., and/or if a power and water source are required but not available.
JK Landscape reserves the right to implement a reasonable Fuel Surcharge without notice if fuel exceeds $4.00 per gallon.
LIEN NOTIFICATION
As required by Minnesota Construction Lien Law:
(A) Any person or company supplying labor or materials for this improvement to your property may file a lien waiver against your property if that person or company is not paid for their contributions.
(B) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price or withhold the amounts due to them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice.
WARRANTIES
Warranties are valid Only if Paid in Full within 10 calendar days from the Date on the Invoice. It is the client's responsibility to be aware of the project status daily, and make sure they are completely satisfied with the work before the crew leaves the site. Any changes after this may result in a new contract and the work being scheduled at a later date.
- CONCRETE (curbing, patios, etc.) - Covered by their respective Manufacturer Warranties where applicable. No Warranty or Guarantee on color match or cracking of concrete.
- PAVERS and WALLS – A Two (2) Year Warranty for substantial settling and/or heaving. Based on MN freeze/thaw cycles, pavers and walls will typically return to their original installed locations when the ground thaws in the spring. If there is another factor on your property contributing to settling and/or heaving, JK Landscape cannot warranty, but can offer you an estimate for a different option at that time.
- PLANT MATERIAL – A 30-day warranty applies to irrigated plant and tree material, provided they are installed with an underground irrigation system. No warranty is provided for plant material that is not irrigated by an underground irrigation system. There is no warranty on plants that have been transplanted. The warranty does not apply to any plants and/or trees installed after the first frost. Issues caused by animals, the weather, or other factors outside the company's control are not covered. The warranty covers only plant material replacement. It does not cover labor costs for reinstalling the new plant material. For Plant Care Instructions, please refer to: https://www.jklandscape.com/resources/plant-care.
- SEED and SOD - No Warranty. It is recommended that you consult with a lawn care service to discuss fertilizing and proper care of your new lawn. For Seed and Sod Care Instructions, please refer to: https://www.jklandscape.com/resources/plant-care
- IRRIGATION SYSTEMS – Limited Twelve (12) Month warranty on newly installed systems by JK Landscape Construction. Some parts are covered under the manufacturer’s limited warranty. The Warranty is Void if not properly maintained by JK Landscape Construction. (JK Landscape Must complete start-up, winterization, and any repairs, billable or not). The owner is responsible for scheduling their Annual Blowouts and Maintenance. Service Call Fee: $130 /hour plus Parts and Labor. Irrigation repairs are NEVER included in the estimate as this is unforeseen when estimating your project. Any necessary and/or requested irrigation repairs can be completed and invoiced at a time and materials rate. No Warranty on Lake Pumps if it is plugged by debris. A power source and a backflow preventer are never included in the estimate, however, JK Landscape can coordinate this for you and offer you an estimate. The homeowner is required to meet the electrician and plumber on-site to let them in the house if needed. JK Landscape is not responsible for electrical and/or plumbing permits.
- MATERIALS and STRUCTURES – Covered by their respective Manufacturer Warranties where applicable. (ie: decks, railings, blocks, steps, rock, siding, pavers, edging, etc.)
- LABOR and WORKMANSHIP – Limited Two (2) Year Warranty. This does not include weather-related issues. Included but not limited to shoreline ice push and/or significant rain events.
PAYMENT TERMS
A $500 Non-Refundable Deposit is required to schedule any project. The Balance of a 50% Down Payment is Due Prior to Starting Your Project. The Remaining Final Balance is Due at The Time of Job Completion. Visa, Discover, and MasterCard are accepted with a 5% convenience fee. The $500 Non-Refundable Deposit holds a place on the calendar but does not protect against material price increases. This down payment goes toward the final invoice.
Progress payments for work completed (labor and materials) may be applicable if a project needs to pause due to weather or other circumstances out of our control. If there are any contractors/subcontractors or delays involved with the project, whether hired by JK Landscape Construction or not, JK Landscape Construction may ask for progress payments outside the typical terms listed above.
If payment is not made as agreed, a service charge of 1.5% per month (18% annual) will be imposed from the date of default. Any invoice not paid in full, within 10 calendar days of the invoice date, will forfeit any and all warranties. Delinquent accounts, over 30 days, will be turned over to a Collection agency and/or Attorney’s office without notice. The client will be responsible for any and all costs related to the collection of the balance.