Warranty Claims / Comments

WARRANTY TERMS & CONDITIONS

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3.10 Homeowner Maintenance Responsibility

Upon completion of installation, all responsibility for the care, maintenance, and protection of the landscape project transfers to the homeowner. This includes, but is not limited to, all living materials such as trees, shrubs, annuals, perennials, sod, seed, and grass, as well as ongoing maintenance of hardscape elements.

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3.11 Plant Material Disclaimer & Limited Goodwill Replacement

Earthscapes LLP warrants that all trees and shrubs installed have passed inspection by the Colorado Department of Agriculture and our internal quality standards, and appear healthy and free from visible insect infestation or disease at the time of planting.

After installation, Earthscapes LLP has no control over conditions affecting plant survival, including but not limited to:

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• Weather and environmental conditions

• Soil conditions or soil amendments

• Watering practices (overwatering or underwatering)

• Drainage conditions

• Improper planting or disturbance by others

• Animal, human, or equipment damage

• Lawn equipment damage

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Accordingly, Earthscapes LLP does not guarantee the survival of any plant material after installation.

As a one-time goodwill accommodation only, if a tree or shrub installed by Earthscapes LLP dies within one (1) year of installation, Earthscapes LLP will offer a one-time replacement provided that:

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• The homeowner pays 75% of the original invoiced cost of the replacement plant

• Replacement labor is provided at no charge

• This goodwill replacement does not extend, restart, or create a new warranty

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This goodwill replacement applies one time only per plant and does not constitute a guarantee of future performance.

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3.12 Acts of Nature / Force Majeure

Earthscapes LLP shall not be held liable for damages caused by natural forces or conditions beyond our control, including but not limited to freezing, thawing, erosion, flooding, soil movement, animal activity, cracked irrigation components, or extreme weather events.

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3.13 Weeds

Earthscapes LLP is not responsible for weed growth after installation. Weed barrier fabric, pre-emergent treatments, or other weed control measures do not constitute a guarantee against future weed growth.

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3.14 Wood Products

Earthscapes LLP does not warranty any wood products against rotting, warping, splitting, cracking, or natural deterioration after installation, as wood is a natural material subject to environmental conditions.

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3.15 Paver Installations – Limited 3-Year Warranty

Earthscapes LLP provides a limited three (3) year warranty from the date of contract signing on paver patios, walkways, and driveways. This warranty covers settling or cracking of pavers caused by installation workmanship.

This warranty does not cover:

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• Damage caused by misuse, neglect, or self-inflicted damage

• Acts of nature (including floods, fires, hurricanes, tornadoes, etc.)

• Settling caused by inadequate drainage not installed by Earthscapes LLP

• Minor surface chips

• Polymeric sand loss

• Efflorescence

• Manufacturer defects (handled directly through the manufacturer)

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Paver height variations of less than one (1) inch between individual pavers are considered normal and are not considered settling and are not warrantied.

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3.16 Retaining Walls – Limited 3-Year Warranty

Earthscapes LLP provides a limited three (3) year warranty on retaining wall installations covering settling, cracking, and manufacturing defects attributable to installation workmanship.

This warranty excludes:

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• Self-inflicted damage

• Acts of nature (floods, fires, hurricanes, tornadoes, etc.)

• Minor surface chips

• Efflorescence

• Manufacturer defects (handled directly through the manufacturer)

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CONCRETE – LIMITED ONE (1) YEAR WARRANTY

Earthscapes LLP provides a limited one (1) year warranty from the date of installation against surface peeling or scaling caused solely by defective workmanship or materials.

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Concrete Warranty Exclusions

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This warranty does NOT cover:

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1. Cracking between expansion joints

2. Damage caused by deicers, salt, or chemicals

3. Color variation or shading differences

4. Impact damage or surface abuse

5. Cracking, settling, lifting, or movement caused by subsurface conditions

6. Normal wear and tear

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Warranty Limitation

Earthscapes LLP’s liability under this warranty is strictly limited to repair or replacement of the defective area only.

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Proper Care of Concrete

To maintain concrete surfaces:

1. Concrete must be sealed every 2–3 years

2. Salt and deicers must never be used; sand is recommended

Failure to follow proper care voids the warranty.

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3.17 Irrigation – Limited 90-Day Warranty

Irrigation systems are covered by a 90-day warranty from the date of project signing for installation or manufacturer defects only.

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This warranty excludes:

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• Freezing damage

• Damage caused by the homeowner or third parties

• Damage caused by other contractors

• Drip emitters

• Backflow preventers

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After 90 days, all irrigation maintenance becomes the homeowner’s responsibility. Damage caused by overwatering or underwatering is not warrantied.

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3.18 Sod

Sod is not covered under any warranty due to uncontrollable environmental and maintenance factors.

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3.19 Poured Concrete & Asphalt

Earthscapes LLP does not warranty poured-in-place concrete or asphalt against cracking, reflective cracking, chipping, settling, or movement.

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3.20 Concrete Color

Exact color matching of concrete is not guaranteed. Variations may occur due to weather conditions, curing processes, or multiple pours.

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3.21 Materials Excluded from Warranty

The following materials are not covered under any warranty:

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• Rock

• Mulch

• Weed fabric

• Edging

• Sod

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3.22 Grading & Drainage

Grading and drainage are not warrantied. While erosion, puddling, or wet areas are unlikely, they may occur due to soil conditions or weather.

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3.23 Settlement of Backfilled Areas

Earthscapes LLP does not guarantee against future settling of backfilled or disturbed areas. Settlement may occur over time and is considered normal.

 

COLORADO STANDARDS & GENERAL WARRANTY PRINCIPLES

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All work performed by Earthscapes LLP is completed in accordance with generally accepted landscape construction standards in the State of Colorado. Landscape installations are subject to environmental conditions, soil variability, water availability, freeze/thaw cycles, and other factors unique to Colorado. As such, no landscape contractor can guarantee permanent or unchanged results.

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MASTER LIMITATION OF LIABILITY

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3.24 Limitation of Liability

To the fullest extent permitted by Colorado law, Earthscapes LLP’s total liability for any and all claims, damages, losses, or causes of action arising out of or related to this contract, the work performed, or materials installed—whether based in contract, warranty, negligence, or otherwise—shall not exceed the total amount paid by the homeowner to Earthscapes LLP for the specific portion of work giving rise to the claim.

Under no circumstances shall Earthscapes LLP be liable for:

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• Indirect, incidental, consequential, or special damages

• Loss of use, loss of enjoyment, or loss of property value

• Damage to existing structures, utilities, landscaping, or irrigation systems not installed by Earthscapes LLP

• Damage resulting from soil movement, erosion, drainage issues, frost heave, or freeze/thaw cycles

• Damage caused by acts of nature, third parties, animals, or homeowner neglect

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3.25 Exclusive Remedy

The warranties set forth in this agreement are exclusive and in lieu of all other warranties, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose.

The homeowner’s sole and exclusive remedy under this agreement shall be limited to repair or replacement of defective work, at Earthscapes LLP’s discretion, subject to the limitations outlined herein.

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3.26 No Guarantee of Longevity or Performance

Earthscapes LLP does not warrant or guarantee the longevity, performance, or future condition of any landscape installation, including but not limited to plant material, hardscape surfaces, grading, drainage, or irrigation systems. All warranties apply only to workmanship and materials within the stated warranty periods.

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3.27 Transferability

All warranties provided by Earthscapes LLP are non-transferable and apply only to the original contracting homeowner at the installation address listed in the contract.

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DIGITAL AGREEMENT & ELECTRONIC SIGNATURE (JOBBER)

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3.28 Digital Acceptance & Electronic Signature

The homeowner agrees that execution of this contract through Jobber or any other approved digital platform constitutes a legally binding electronic signature in accordance with the Colorado Uniform Electronic Transactions Act (CUETA).

By electronically signing or approving the estimate, proposal, or contract:

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• The homeowner acknowledges they have read and understood all terms and conditions

• The homeowner agrees to be bound by all warranty limitations and exclusions

• The homeowner waives any claim that the electronic signature is invalid or unenforceable

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Electronic approval shall carry the same legal force and effect as a handwritten signature.

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3.29 Entire Agreement

This contract, including all warranties, exclusions, and limitations, constitutes the entire agreement between the parties and supersedes all prior verbal or written agreements. No modifications shall be valid unless made in writing and approved by Earthscapes LLP.

 

PROFESSIONAL STANDARDS & ENGINEERING DISCLAIMER

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3.30 No Engineering or Surveying Services

Earthscapes LLP is a landscape contractor, not a licensed civil engineer, geotechnical engineer, hydrologist, or land surveyor. Any grading, drainage, slope adjustments, or water-flow recommendations provided are based on visual observation and practical experience only and are not engineering opinions or guarantees.

Earthscapes LLP does not:

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• Provide engineering, surveying, or soil analysis services

• Warrant compliance with municipal drainage or stormwater engineering standards unless explicitly stated in writing

• Guarantee the elimination of drainage issues, standing water, runoff, erosion, or subsurface water movement

 

Any engineered drainage plans, soils reports, surveys, or municipal requirements are the responsibility of the homeowner unless explicitly included in the scope of work.

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MANDATORY DISPUTE RESOLUTION (COLORADO STANDARD)

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3.31 Mandatory Mediation

Any dispute, claim, or controversy arising out of or relating to this agreement or the work performed shall first be submitted to mandatory mediation prior to the initiation of any lawsuit or legal proceeding.

• Mediation shall take place in the State of Colorado

• The mediator shall be mutually agreed upon by both parties

• Each party shall bear its own costs, with mediation fees split equally

No party may commence litigation unless mediation has been completed or a party fails to participate in good faith.

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3.32 Venue & Governing Law

This agreement shall be governed by and interpreted under the laws of the State of Colorado, without regard to conflict-of-law principles.

Any legal action arising from this agreement shall be brought exclusively in the county where the project is located.

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PAYMENT ENFORCEMENT & COLLECTIONS

3.33 Payment Terms

Payment terms are strictly enforced as stated in the contract, estimate, or invoice. Failure to make payment when due constitutes a material breach of contract.

Earthscapes LLP reserves the right to:

• Suspend work for non-payment

• Withhold warranty service until accounts are paid in full

• Terminate the contract for non-payment without further obligation

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3.34 Late Fees & Interest

Any unpaid balance may be subject to:

• A late fee of 1.5% per month (18% annually) or the maximum rate permitted by Colorado law, whichever is less

• Administrative and collection costs incurred to recover unpaid balances

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3.35 Collections, Liens & Attorney’s Fees

In the event Earthscapes LLP is required to pursue collection of unpaid balances, the homeowner agrees to be responsible for all costs of collection, including but not limited to:

• Attorney’s fees

• Court costs

• Filing fees

• Collection agency fees

Earthscapes LLP reserves all rights under Colorado’s Mechanic’s Lien laws and may file a lien against the property for unpaid work, materials, or services, as permitted by law.

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WARRANTY ENFORCEMENT CONDITIONS

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3.36 Conditions Precedent to Warranty Claims

No warranty claim shall be valid unless:

• The homeowner is current on all payments

• Written notice of the claim is provided within the applicable warranty period

• Earthscapes LLP is given reasonable access to inspect and remedy the issue

Failure to meet these conditions voids all warranties, express or implied.

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FINAL RISK ALLOCATION & ACKNOWLEDGMENTS

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3.37 Assumption of Risk

The homeowner acknowledges that landscaping involves inherent risks due to natural forces, soil variability, water movement, and seasonal weather patterns. The homeowner assumes all risks associated with conditions beyond Earthscapes LLP’s control.

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3.38 Severability

If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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3.39 Survival

All limitation of liability, payment enforcement, dispute resolution, and warranty exclusions shall survive completion of the work and termination of this agreement.

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3.40 Digital Execution (Reaffirmed)

Electronic acceptance via Jobber constitutes a binding agreement under the Colorado Uniform Electronic Transactions Act (CUETA) and is enforceable to the same extent as a handwritten signature.

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🔒 FINAL CLIENT ACKNOWLEDGMENT (DO NOT SKIP THIS)

By signing this agreement, the client acknowledges that they have read, understand, and accept all warranty limitations, exclusions, and liability restrictions set forth herein, and that no verbal promises or representations have been made outside of this written agreement.

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REVISED 1/30/2026