
Terms and Conditions
1. General Conditions
Pitt Landscape & Construction (“Contractor”) agrees to perform all work as described in the estimate or design documents (“Works”).
- No additions or variations to the agreed scope will be made without written approval from both parties.
 - The Contractor will obtain necessary permits or approvals and indemnify the Owner for any violations.
 - The Owner confirms they are the legal property owner or authorized agent.
 - If local authorities or the Owner require design or scope changes, additional costs will be borne by the Owner.
 
Commencement & Completion:
- Work begins once required permits, financing, and utilities are in place.
 - Completion is reached when the project area is cleared of debris.
 - Delays due to weather, strikes, shortages, or events beyond the Contractor’s control will extend timelines without penalty.
 
2. Payments
- Deposit: 50% or an agreed percentage is required to begin scheduling.
 - Progress Payments: Due upon request, typically weekly or monthly. Late payments (after 3 days) may pause work.
 - Method: ACH or check preferred; credit/debit payments include a 3% processing fee.
 - Financing: If payment is through a lender, the Owner will execute all required documents to release funds.
 - Late Payments: Subject to interest at 2% above prime until paid. Discounts are forfeited if payment schedules are not met.
 
3. Variations, Defects, and Warranties
Change Orders:
- All change requests must be in writing, signed by both parties, and may affect the cost or timeline.
 - Allowance adjustments or unforeseen issues will be documented and priced accordingly.
 
Defects & Warranty:
- The Contractor warrants materials and workmanship for 12 months after completion.
 - Defects due to normal wear, weather, improper use, or Owner neglect are excluded.
 - Specific limited warranties apply to landscaping, plants, sprinklers, and construction elements.
 - The Contractor reserves the Right to Cure, giving them the opportunity to inspect and repair issues before arbitration or legal action.
 - Manufacturer warranties are passed through to the Owner where applicable.
 
4. Insurance, Liability & Arbitration
- The Contractor maintains public liability insurance and workers’ compensation coverage.
 - The Owner will not interfere with site operations or issue instructions to workers directly.
 - Neither party is liable for consequential damages.
 - Any disputes will be resolved first through written notice and opportunity to cure, then by binding arbitration in Utah if unresolved.
 - Arbitration costs are split equally unless otherwise decided.
 
5. Termination & Entire Agreement
Owner Default:
- Failure to pay or breach of agreement allows the Contractor to suspend or terminate work after written notice.
 - In such cases, the Contractor may claim up to 20% of the contract value as liquidated damages.
 
Contractor Default:
- If the Contractor fails to perform or remedy defective work after written notice, the Owner may terminate the agreement.
 
Cancellation Policy:
- Either party may cancel within 3 days of signing without penalty.
 - After 3 days, any refund will be reduced by 10% or billed hourly ($75/hr), whichever is greater.
 
Entire Agreement:
- This document constitutes the full agreement between the Contractor and Owner.
 - No modifications are valid unless in writing and signed by both parties.
 
6. Contact & Jurisdiction
Pitt Landscape & Construction
5286 South Commerce Dr., A126, Murray, UT 84107
📧 operations@pittlandscape.com
📞 (801) 971-6282
This agreement is governed by the laws of the State of Utah. The parties consent to local court jurisdiction or binding arbitration as specified herein.