Preparation is key to a successful landscape project but how many landscaping businesses consider paperwork as part of that preparation, asks Lynne Taylor in the first of her two-part review
Landscapers are busy and adding another item to the to-do list for each job, especially when it’s admin and paperwork, will leave many rolling their eyes. So, does it really matter?
In expert witness work, one of the first things I review isn’t the workmanship but the paperwork. Before considering whether a patio, wall or driveway has been constructed correctly, I want to understand what was agreed.
Paperwork is often viewed as something that happens ad-hoc around the construction work, rather than being part of it, and can vary from project to project depending on how much time the contractor has available.
In reality, it’s a form of project protection. A well-written quotation, specification or site record can provide a clear reference point if questions arise months later. It doesn’t have to be complicated, it just needs to reflect accurately what’s been agreed. Expert witnesses rely on evidence, not assumptions.
Verbal agreements and recollections can be difficult to establish when the parties remember events differently, often resulting in a classic ‘he said, she said’ scenario.
Disputes often begin long before construction starts, simply because expectations or alterations for example, were never properly documented. I have seen cases where lack of documentation has cost the landscaper dearly.
Scope of works
First, find out what exactly you are being asked to construct?
A Scope of Works establishes project boundaries, setting out what’s included and, equally importantly, what’s excluded. It can also set out responsibilities, key stages and timescales, giving contractor and client a clear understanding of what’s been agreed.
If planting, irrigation or additional drainage are not included, say so. Otherwise, the client may reasonably assume they form part of the overall project. If something is dependent on weather, another contractor or the client making a decision by a particular date, that should be recorded too.
No need for a lengthy document but it should be sufficiently detailed to remove ambiguity. If the client is responsible for something, make that clear. The more assumptions left open to interpretation, the greater the opportunity for disagreement later.
A written scope gives both parties something to refer back to if questions arise during the project. Without one, it can become surprisingly difficult to establish what the contractor was actually engaged to do.
Specifications
Specifications and Scope of Works are often mixed up or treated as the same thing. They aren’t. The Scope of Works establishes what you’re constructing, the specification establishes how it is to be constructed, including materials, construction methods and required standards.
I’ve seen specifications describe a requirement simply as a ‘suitable treated timber post’, for example, only for UC3 timber to be used where UC4 was required. Vague descriptions don’t protect either party.
If the required material or standard matters to the performance of the finished work, specify it. The more important the material is to the performance or longevity of the work, the more precise the specification should be.
As an expert witness, I will refer to construction standards relevant at the time of construction to establish what standard the work was supposed to meet before determining whether it has failed to do so.
Existing site conditions
Most contractors take photographs for marketing. Far fewer take them with future evidence in mind. In the disputes I’ve been involved in, existing site conditions are rarely documented well. Written notes and photographic evidence of existing cracking, damage or drainage concerns for example, can save a lot of time and money should a client suddenly raise a dispute and claim your work is causing the rest of their garden to flood. Recording conditions before work starts makes establishing whether damage occurred during the works or was already present much easier.
Client expectations
Disputes can start from a simple lack of clarity, with each party taking different meaning from commonly used phrases such as ‘low maintenance’. Most clients do not have an understanding of the landscape industry or construction processes.
As a professional, carry out due diligence and provide clients with explanations about what low maintenance actually means. Most clients assume they don’t have to do any maintenance without realising all gardens require maintenance, irrespective of design or materials.
Or the client who wants natural stone but expects a constant appearance because they don’t understand the variations found within the material. If you’re having conversations with clients, follow up with an email to confirm discussions in writing.
Good documentation isn’t about creating paperwork for the sake of it but about ensuring contractor and client both begin the project with the same understanding of what is to be built and how it will be delivered.
The importance of a paper or digital trail is the protection it provides, allowing you to prove what was agreed before the works started. The best time to resolve a dispute is before it happens.
Lynne Taylor is an independent landscaping expert witness and owner of VirtuScapes, who has carried out various reports on landscape disputes for commercial and domestic projects.
