NURTURE
C O N T R AC TS , C O U RT C A S E S
& CONSEQUENCES JOE SAMNIK OF EXPERT TREE CONSULTANT SHARES WITH US INSIGHTS TO AVOID LEGAL DIFFICULTIES John: Before we begin, share with us a little about yourself. What is it that you do for the industry and who do you represent in court cases? Joe: The legal side of my practice typically reduces itself to assisting landscape installers, landscape architects and developers with issues regarding landscapes and the many mistakes made with these professionals in the marketplace. I have been established now for over 55 years and have been named as an expert witness in over 1,000 litigated matters regarding the ‘Green Industry’.
consider and realize that their landscape plans are the cornerstone of a legal and binding contract between the landscape installer and the client. For the most part, landscape architects use boilerplate language in their work products. This is often out of date and missing key components needed to protect themselves. The single biggest issue for landscape installers is not following the landscape notes. Conversely, if the landscape notes are not correct to start with, then the landscape installer is incorrect when abiding by the landscape architect’s work product. This dueling conflict between the landscape architect’s work product and the landscape installer’s performance leads to legal issues; lawsuits for breach of contract, negligence, and product liability. As to the client, they are typically left holding the proverbial bag and the only way out for them is in a court of law with you as one of the participants.
Joe Samnik
INDUSTRY INSIGHTS WITH
JOHN CONROY
This column is offered in an attempt to keep you and your employees out of the courtroom or other contentious situations. My next column will be a reach out to leaders of professional organizations and we will focus on what they mean to you, the industry and how they contribute to your professional growth.
south.prolandscaperusa.com
THE SINGLE BIGGEST ISSUE FOR LANDSCAPE INSTALLERS IS NOT FOLLOWING THE LANDSCAPE NOTES John: What are some common failures which you have seen in contract formation? Joe: Landscape architect’s notes are frequently a point of contention. This includes their specifications and illustrations. They must
John: When contracts fail to meet or are inconsistent with the standards provided by ANSI and Florida’s Grades and Standards, they often end up in court. This is a very specialized branch of law. Ignorance of these standards is no defense and attorneys may not understand the standards.
Pro Landscaper USA South September/October 2021 37
