[extratouchlands]

I am new to the business, about 2 1/2 years now. I recently signed a one year contract with a apartment complex. I stated in my contract that I would plant spring and fall plants. I was asked to plant flowers by the property manager my choice of plants/flowers. I planted a some ever blooming rose bushes, along with some panys and carpet magic plants that will bloom as well. The property manager stated that they do not like by plants, but everyone else and the renters do. The property manager wants me to remove them, it is March 31st 2008, not many plants are out now. He requested now, that they want "plants with big clusters". The apartment owes me for some unpaid invoices (snow removal) which is suppose to be in the mail. My question is can I ask for some type of payment for the plants that I bought? I paid $1,420.00 for the said plants. I have no contract about what I would plant is was left up to me what to plant by the property manager. Would some one please give me some advice on what to do.

[Greensmith]

Judging from other threads about property managers they are the scum of the earth when paying landscaping units. I would get paid for your previous work before doing any more work for them.

[Terre]

And you need a much more detailed contract for the next place. Spell out exactly who pays for what, and when, and specific remedies for a situation like this.

[Stonehenge]

Terre's right. Because you didn't have a contract detailing specifically what was to happen (plant selection, and what you would do if a particular plant wasn't available), you won't have many tools at your disposal to get the money you invested out of them. It stinks, without a doubt. As for what you can ask for - you can ask for whatever you'd like. The bigger question is what you'll receive. Your best bet will likely be to speak with the manager in person, going over how you were given verbal go-ahead to choose the plants and plant them, and that you expect to be paid for that work.

But I think you may be at the mercy of the property manager without some paper documents backing you up.

[TrickyDick]

I would agree with the above, but it sounds like it may not be a contract issue. Assuming you have a contract that states that plants choices are up to you has a specified amount for it then, legally, you don't have a problem. Contracts aren't evrything though. If someone decides they don't want to pay you or that they want to make you jump through hoops to get paid then you have a problem that is probably not going to be resolved in court. It's impossible to know how to handle it without knowing the specifics of your relationship with this manager, your contract and of the discussions you had about the flowers. Most likely though...if you can't reason with them and work out a fair solution then you are going to be screwed.

It may just be a case of neither of you being clear in the beginning. I don't know where you are but generally, if someone is asking for "seasonal flower plantings" they are talking about annuals. If they were expecting an annual planting full of big, flashy color and they got shrub roses then their disappointment might be warranted. Not saying that you were wrong to plant what you planted, just that if what they wanted and what you thought they wanted were different things then you have a problem and it was ultimately your responsibility to make sure you know what the client is wants. We do lot's of annual plantings and the specific plant choices and designs are at our descretion. That's fine, but the expectations have to be clear.

On the other hand....soemtimes people are just jerks and try to screw contractors because they can.

[scl]

I'd just take a good faith shot at a change order. Tell them what you had agreed to earlier, and that you are ata loss at their disappointment in what you've planted, butthat you will do you're best to remedy their feelings by replanting AT COST what they feel they need to have redone. Then have them sign their change order/ amendment specifying what they want and the additional charge. Be nice and sympathetic, but try and get something back. How many bushes/shrubs we talking about here? Don't let them walk on you, but don't be afraid to let them walk on your toes a little. Good Luck!
Scott

[Mac]

effective communication is one of the hardest things I know of. spring and fall flowers means so many different things to just about everyone. from a property manager's perspective, they likely had in mind spring annuals that get changed out for mums once the frost almost gets them.