Archives

Landscaping, with its array of services from pesticide applications to fertilizer treatments, plays a key role in maintaining great outdoor spaces. However, like any business transaction, clarity and adherence to legal standards are crucial to ensure the rights of all parties involved. Minnesota statute 325F.245 outlines specific requirements for landscape application contracts, aiming to protect both commercial application companies and property owners.

Landscape application includes a broad range of work including pesticides applications, fertilizer applications, and other chemical applications aimed at maintaining grass, turf, shrubs, or ornamental plants. One of the central principles of the statute is the requirement for landscape application contracts to be in writing. This serves to ensure clarity and prevent misunderstandings between commercial application companies and property owners. Each contract must include details such as the company’s contact information, the scope and cost of services, and the contract’s duration and a clearly stated ending date.

Renewal and Extension Protocols

If either party wants to extend services beyond the contract’s termination date, a separate written agreement must be drawn up. This underscores the importance of formalizing any changes to the contract to maintain transparency and accountability. For contracts spanning multiple years, commercial application companies must provide property owners annual written notices confirming the contract’s ongoing validity. This communication serves as a reminder of the agreed terms and helps prevent accidental breaches of contract.

Cancellation Provisions

The statute also outlines clear procedures for contract cancellation, especially in the event of property transfers. When a property sells, the property owner may terminate the contract by notifying the commercial application company. Conversely, commercial application companies must inform property owners of their cancellation rights under these circumstances. Further, contracts cannot be enforced against subsequent property owners. This protects new owners from any burdens they are unaware of.

Exceptions

This statute lists some exemptions including the use of pesticides, fertilizers, or chemicals for agriculture or commercial purposes, or spraying for bugs around or inside a building. Further, if a contractor or a property owner agrees to a one-time landscaping job then the job would fall within an exception. Additionally, licensed commercial application companies are exempt if they offer customers the ability to cancel at any time, receive a full refund for prepaid services not rendered, and do not incur penalties. However, these companies must give their customers an annual written notice alerting the customer that they have the right to terminate the agreement at any point.

Overview

If this statute is not adhered to, legal action may be taken. Aligning with these regulations is not just a matter of legal compliance but is essential for maintaining trust and integrity within the landscaping industry. So, before writing up any landscape contracts, familiarize yourself with Minnesota statute 325F.245 which lays out the crucial legal obligations for landscaping contracts.