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CONSUMER INFORMATION
Avoiding Landscaping Problems
How to Get Help if There is a Problem
Do You Have a Complaint?
Statement of Claim Forms
Referrals to the LCB Regarding Violations of the Law
Public Records Request
Avoiding Landscaping Problems
How to Choose a Licensed Landscape Contracting Businesas
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 landscape contracting business again?
 
Make sure the business is actively licensed with the Landscape Contractors Board:
Licensing means the business has a surety bond, general liability insurance and has at least one licensed landscape construction professional on staff who is to supervise the work that is done on your project.  This person has passed a comprehensive examination.
 
Call the Landscape Contractors Board:
(503)378-5909 or click here to check the website to see if the business is actively 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 or installing lawns, shrubs, vines, trees and any other nursery stock.  the license also allows the building of fences, decks, arbors, driveways, patios, landscape edging, walkways, water-features and retaining walls.
Irrigation Only plus Backflow License:  The construction of irrigation systems and the installatin of backflwo assemblies.  Note:  Backflow license holders will hav a "Plus Backflow" on their license card.  if it is not there, then Backflow installation is not allowed.
All Phase plus Backflow License:  All aspects of landcape installatin and landscape construction are allowed with this license.   This is the highest level of licensure with the Landscape Contractors Board.
 
Check Trade Assocations the business belongs to:
Membership in a professional association is one sign that a person recognized the importance and responsibilities of being a professional in this industry.
 
Get two or more specific written bids for larger jobs:
Make sure you understand the differencesin the bid elements and the price variations in the bids.  Be careful of low bids, special deals or a agrat deal from a friend of a friend.  A higher bid may be worth the price in better material, 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 your comapny?  Is this person a licensed landscape construction professional?  License number?  When can we meet this individual?
Who will be dong the actual work?  Employees fo your copany or subcontractors, or both?
Who and when can I call when I have questions or problems during the course of the project?
How long with the project take?  What is the completion Date?
In what condition will the project be left at the 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? 

How to Work with a Licensed Landscape Contracting Business
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 landscape contracting business.
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 landsccape contracting business in case of dispute.  One of the biggest causes of problems in the landscaping industry is lack of a contract (no contract), a poor contract or a contract that has not been read.  Put all agreements in writing.  Put all changes to that contract in writing.
 
A contract needs to include:
Landscape contracting business name, address, phonse number and LCB number.
Consumer's name and address.
Address of job site.
A list of plant materials used, their size, quantity (this can be references back to the landscape plan).
General description of the work to be performed.
Estimated time for completion and/or 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 current address and phone number.
 
Make all changes to the contract in writing:
If you change your mind or if the landcape contracting business decides there is a better or different way to do something; or you decide to add/subtract portions of the work; do it in wirting.  Make sure the costs associated with the change are included and that you and the landscape contracting business sign the "change order".
 
Obtain all needed construction 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 certan height, backflow installation andlow voltage wiring (irrigation wire in some areas). Usually contractors obtain these permits, but ultimately the owner is responsible or insuring all required permits are obtained.
 
Pay in installments:
Legitimate contractors are entitled to a down payment.  Usually this is from  25% to 35% of the total contract price.  It is important to find the balance where the landscape contracting business 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 invoices from your landscape contracting business that determine the percentage completed on a job which allows you to determine the progress of the project.  Make your final payment when the job is complete, all suppliers and subcontractors are paid and you are satisifed with the work.
 
Avoid Liens:  Read the right to lien notices:
Homeowners are ultimately responsible for payments to subcontractors and suppliers even if they have paid their licensed landscape contracting business in full.
 
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 the representative of the landcape contracting business during the project.  Most problems arise between clients and landscape contracting businesses because of lack of communication.  If the landscape contracting business refuses to return calls, orifyou refuse to communicate your questions or problems, the project is sure to result in a dispute.

How to Get Help if There is a Problem
Getting Help
If problems arise, try your best to resolve them with the landscape contracting business doing the work for you.  If problems persist and become non-resolvable download a claim form and complete and submit it along with your written contract to the LCB office. 
 

How to Contact the LCB
LCB Contact Information
 If you reach a recording, please leave a message.  Someone WILL call you back.

Do You Have a Complaint?
Filing a Claim
Consumers can file a claim with the LCB if the landscape contracting business is licensed; there is 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 a claim is one year from when the work was substantially completed  or the date the provisions of the contract were substantially fulfilled or the date landscape contracting business left the site without finishing the terms of the contract and did not return.  Time spent on warranty work does not extend this deadline.
Use one of the claim forms below to file a claim with the LCB.

Statement of Claim Forms
Owner Statement of Claim Form 
Material Supplier Statement of Claim Form 
Sub Contractor Statement of Claim Form
Referrals to the LCB Regarding Violations of the Law
Click here for the Enforcement Referral Form

Public Records Request
Public Records Request Form
If you wish to request copies of a file the Landscape Contractors Board may have or a listing of licensees, click here to download the Public Records Request Form

Certificate of Licensure
The Landscape Contractors Board can provide you a Certificate of Licensure if you believe you need one.  Usually this certificate is for those cases that end up going to court.
 
Click here to order a Certificate of Licensure

Page updated: March 09, 2011