California State Licensing Board Contract for Services
Why hire a certified Arborist to assess and treat your trees?
Certified Arborists are tree care specialists dedicated to excellence in the field of Arboriculture. They are highly qualified in the care of your valuable landscape trees, shrubs and vines, using the latest scientific advances and age-old techniques. A certified Arborist has earned this trade credential with the International Society of Arboriculture (ISA) by passing a rigorous comprehensive test and is required to attend additional educational seminars for continuing educational credits to retain this certification with the ISA. A Certified Arborist is educated and trained in:
Proper tree pruning
Diagnosis & treatment of diseases and insects
Species ID, selection, & characteristics
Maintaining proper horticultural
Tree hazard evaluation
Recognizing construction impact on trees
Knowledge of safe work practices
Trees are living plants that add value to your property and are an important financial investment. Improper pruning or tree care can result in disease, pest infestation, or other costly issues that may result in the decline or death of the tree. This can also create an unsafe situation for people or property (homes, buildings, fences, vehicles, and landscape).
Be wary of people who call themselves “tree cutters,” “tree toppers,” or other unlicensed individuals who claim that “can perform tree work.” Tree work should be performed by highly trained professionals with a record of safe work practices, and who are CSLB licensed and insured.
Tree removal is costly. Proper care and treatment of trees ensures that trees stay healthy, thriving, and safe. Saving money on low-cost tree care today brings with it the risk of costing more money later.
Tree Service Contract
This service contract is entered into by and between American Tree Medics Inc and the client named in the project quote. You are entitled to a completely filled in copy of this agreement, signed by both you and the contactor, before any work may be started. The law requires that the contractor give you a notice explaining your right to cancel. Your signature on the quote page indicates that American Tree Medics Inc has given you a “Notice of the Three Day Right to Cancel.” The “Three Day” notice is included in your Consumer Notification and Disclosure Statement, attached with this contract. The right to cancel does not apply to Clients who have requested emergency same-day or next-day tree service.
Consultant and Contractor’s Promise
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according International Society of Arboriculture, OSHA, ANSI and other industry standard practices.
Approval of the Project Quote
Your approval of the project quote is your acknowledgement that the prices, specifications and conditions of the quote are satisfactory and are accepted. Contractor is authorized to do the work as specified. Payment will be made available upon completion of work unless otherwise specified. By signing this contract, Client agrees that he or she has received the Three Day Right to Cancel notice, and also agrees to the accuracy of the scope of work described. In the event legal proceedings are commenced to compel the customer to pay for the work performed, the prevailing party shall be entitled to legal fees and cost of suit.
Owner shall pay American Tree Medics Inc the fixed sum total described on the project quote for the work to be performed under the contract, subject to additions and deductions pursuant to change orders agreed upon in writing by both parties. If a down payment is accepted, the remainder of the Contract Price is due upon project completion, prior to the departure of the project foreman from the Client’s property, unless otherwise agreed upon by both parties in writing.
Start and Completion of Project
The work to be performed under this contract shall be commenced on approximately the date described on the job schedule (provided to the client once the quote is approved), as long as any required permits have been acquired and underground utilities identified, and any agreed upon funds are paid to the Contractor. The Project shall be completed by the approximate completion date described in the job schedule, subject to permissible delays. Permissible delays include stop orders or stop requests by the Client, weather delays, travel delays caused by unavoidable road closures, or other issues out of the control of the Contractor or the Client, and other acts of god.
Extra Work and Change Orders
Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect he order will have on the schedule of payment.
Commercial General Liability Insurance (CGL)
American Tree Medics Inc carries commercial liability insurance written by Liberty Mutual Insurance. You may call (801) 562-5000 to check the Contractor’s insurance coverage.
American Tree Medics Inc carries worker’s compensation insurance for all employees.
Mechanics Lien Warning
Anyone who helps to improve your property, but who is not paid, may record what is called a mechanics’ lien on your property. A mechanics’ lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder.
Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics’ liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit.
To preserve the right to record a lien, each subcontractor and material supplier must provide you with a document called a “20-day Preliminary Notice.” This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has a right to record a lien on your property if he or she is not paid.
BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices. You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property.
PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive.
PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier.
For other ways to prevent liens, visit CSLB’s website at www.cslb.gov or call CSLB at 1-800-321-CSLB (2752).
Remember, if you do nothing, you risk having a lien placed on your home. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.
INFORMATION ABOUT THE CONTRATORS STATE LICENSE BOARD (CSLB)
CSLB is a state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions, and civil judgements that are reported to CSLB. Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor’s employees.
For more information:
VISIT CSLB’s website at www.cslb.ca.gov
CALL CSLB at 1-800-321-CSLB (2752)
WRITE CSLB at P.O. Bo 26000, Sacramento, CA 95826
“THREE DAY” RIGHT TO CANCEL
You, the buyer, have the right to cancel this contract within three business days. You may cancel by e-mailing, mailing, faxing or delivering a written notice to the contractor at the contractor’s place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and notice.
If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received it, any goods delivered to you under this contract or sale. Or, you may, if you wish, comply with eh contractor’s instructions on how to return the goods at the contractor’s expense and risk. If you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the good available to the contractor, of if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract.