Legal Advice

Ways To Prevent Your Landscaping Business From Being Taken To Court

Ways To Prevent Your Landscaping Business From Being Taken To Court

Being taken to court is not a pleasant experience but when it is landscapers who are subject to legal action it can have ramifications that go as far as threatening the very existence of their landscaping business. The thought that the other party could be awarded a substantial financial settlement that could wipe out all their assets is enough to give most landscapers sleepless nights.

Before any landscaper reading this starts to panic, let us point out first of all that it is extremely rare for a landscaping business to be taken to court. Thankfully, in most cases, a resolution to a dispute can be made without the courts having to step in, and there are also mediation services that can help.

However, we are sure you would still like to avoid your landscaping business being involved in a lawsuit. Not only are there potential financial repercussions but a court case can generate negative publicity that is not helpful to your business in maintaining its reputation. So, if you would like to avoid legal action being taken against your landscaping business, here are some ways that can be achieved.

Secure The Best Legal Advice And Representation From The Outset

There have been countless instances of landscaping business owners finding themselves at the wrong end of a court decision with their only defence being “I didn’t know I was doing anything wrong”. Whether the reason they were in court was a criminal or civil matter, unfortunately, the defence of ‘ignorance’ does not work in any circumstances.

It is for this reason we highly recommend every landscaper who owns or runs a landscaping business secures legal representation from day one. It might be that your lawyer never has to defend you in court, but more importantly, they will be able to provide you with legal advice that prevents such a court appearance from ever occurring.

The adage that ‘prevention is better than the cure’ also applies and whilst normally referring to your health, it also applies to your business and making sure the legal advice your lawyer gives you helps you prevent creating a scenario that renders legal action by a client a possibility.

Obtain Adequate Insurance Cover

As a landscaping business owner, you will be required to have specific insurance policies under prevailing legislation. What we suggest is that you go further than just the minimum legal requirements and obtain additional insurance that will cover you against additional issues should they arise.

Consulting with your lawyer will help you decide which, but better than that, seek advice from a commercial insurance broker who has experience and clients within the landscaping sector.

Do Not Let Your Pride Cost You

This is advice that you may choose to ignore but it has saved many landscapers thousands of dollars. What we are suggesting is in circumstances where you have a difficult and obstinate client who is pushing the boundaries of what is fair, ask yourself is it worth it to take this to court should the client insist on doing so.

In other words, if it means that you provide some extra work for no fee or give them a goodwill discount, for example, weigh that up against the legal costs, plus possible compensation payable by you should a court find against you. It might be hard to stomach but think of the greater good, aka your landscaping business and its good standing being unfairly tarnished by a stroppy client.