McGuire Earth Works, Inc.
Effective Date: 04/21/2023
Last Updated: 11/19/2025
These Terms and Conditions constitute a legally binding agreement between the property owner or authorized representative, referred to as “Client,” and McGuire Earth Works Inc., including its owners, employees, agents, and subcontractors, referred to as “Company.”
By requesting an estimate, approving a proposal, scheduling work, making payment, or allowing work to begin, Client acknowledges that all terms contained herein are acceptable and binding. Client authorizes Company to perform landscaping design, construction, and related services as specified in the approved proposal.
McGuire Earth Works Inc. is a design build landscaping company specializing in residential and commercial landscape construction. Services may include, but are not limited to:
• Landscape design and construction
• Hardscaping including patios, retaining walls, walkways, and outdoor living spaces
• Softscaping including planting, sod, turf, and ground cover
• Irrigation and drainage systems
• Lighting and water features
• Landscape renovation, demolition, and site preparation
• Hillside stabilization and specialty landscape projects
All services, materials, timelines, and pricing will be outlined in the written proposal approved by Client.
Client agrees to provide Company, its crews, vehicles, and equipment reasonable access to the property during normal working hours to perform contracted services. Access may be required before, during, and after construction for staging, inspections, and completion verification.
Client is responsible for identifying and marking any known underground utilities, irrigation lines, drainage systems, septic systems, or private infrastructure not identified by public utility marking services. Company is not responsible for damage to unmarked or unknown utilities.
Client understands that landscape construction timelines may vary due to weather, inspections, material availability, permitting delays, or unforeseen site conditions. Completion dates are estimates and not guarantees.
To ensure safe and efficient project completion, Client agrees to:
• Provide clear access to all work areas
• Secure pets, children, and unauthorized individuals away from construction zones
• Remove vehicles, furniture, décor, or personal items from affected areas
• Obtain HOA approvals and permits when required
• Disclose any known site conditions or restrictions
Failure to meet these requirements may result in delays or additional charges.
Client acknowledges that landscaping and construction work may expose pre-existing conditions including but not limited to:
• Poor soil conditions or compaction
• Drainage deficiencies
• Root intrusion
• Hidden structural defects
• Improper prior installations
Company is not responsible for correcting pre-existing conditions unless expressly included in the scope of work.
Any changes requested by Client after proposal approval must be documented in writing and approved by both parties. Change orders may result in additional costs and adjusted timelines. Verbal requests or on-site instructions are not binding unless confirmed in writing.
Client understands that landscape construction involves heavy equipment, excavation, grading, concrete, masonry, and power tools. While Company follows industry safety standards, inherent risks exist.
Client agrees to keep all unauthorized persons away from work areas and releases Company from liability for injuries resulting from failure to follow safety guidance.
Company is not responsible for damage or failure related to:
• Pre-existing conditions
• Poor soil quality or drainage not included in scope
• Acts of nature including heavy rain, flooding, drought, or extreme heat
• Normal settling, minor cracking, or color variation in concrete, pavers, or masonry
• Plant loss due to weather, pests, disease, improper watering, or neglect after installation
Living materials such as plants, sod, and turf are subject to natural variability.
Company warrants that all services will be performed in a professional and workmanlike manner consistent with industry standards.
This warranty does not cover:
• Normal wear and aging
• Acts of God
• Client modifications or misuse
• Failure to follow care instructions
• Materials supplied by Client
Warranty claims must be submitted in writing within 7 calendar days of discovery.
Payment terms will be outlined in the proposal. Unless otherwise stated:
• Deposits are required prior to work commencing
• Progress payments may be required for larger projects
• Final payment is due upon substantial completion
Balances not paid within 7 days of invoice may incur late fees and may delay project completion.
Company reserves the right to file a mechanic’s lien for non-payment as permitted under California law. Client agrees to be responsible for all collection costs, including legal fees, interest, and court costs.
Client-initiated cancellations or delays after materials are ordered or work has begun may result in forfeiture of deposits and charges for labor, materials, and equipment incurred.
Company may reschedule work due to weather, safety concerns, inspections, or unforeseen conditions without penalty.
Any claims of damage must be:
• Reported in writing within 3 calendar days of discovery
• Documented with photographs when possible
• Allow Company reasonable opportunity to inspect and remedy
Failure to report within this timeframe constitutes waiver of the claim.
Client grants Company permission to photograph and video the project site before, during, and after construction for marketing and promotional purposes, including website, social media, and advertising materials.
Client may opt out by providing written notice prior to project start.
McGuire Earth Works Inc. maintains appropriate licensing and insurance in accordance with California law. Proof of insurance is available upon request.
Company’s maximum liability for any claim arising from services provided shall not exceed the total amount paid by Client for the specific portion of work giving rise to the claim.
Company is not liable for indirect, incidental, consequential, or punitive damages.
This Agreement shall be governed by the laws of the State of California. Any legal action arising under this Agreement shall be filed exclusively in Sacramento County, California.
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms and Conditions, together with the approved proposal, constitute the entire agreement between Client and Company and supersede all prior discussions or agreements.
No modification of this Agreement is valid unless made in writing and signed by both parties.
This website is owned and operated by McGuire Earth Works Inc. Use of this website, including submitting forms or requesting information, constitutes acceptance of these Terms and Conditions and the Company’s Privacy Policy.
Use of the website does not create a contractor-client relationship until a written proposal is approved.
All content on this website, including text, images, videos, designs, plans, drawings, layouts, logos, and written materials, is the property of McGuire Earth Works Inc. or its licensors and is protected by intellectual property laws.
Content is provided for personal, non-commercial use only. You may not copy, reproduce, modify, distribute, publish, display, transmit, or create derivative works from any content without prior written consent.
Limited permission is granted to download or print individual pages for personal reference, provided all copyright and proprietary notices remain intact.
By submitting reviews, testimonials, photos, videos, or other content to McGuire Earth Works Inc., you represent that you own the content or have authorization to submit it.
You grant McGuire Earth Works Inc. a perpetual, royalty-free, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, publish, distribute, and display such content for marketing and business purposes.
McGuire Earth Works Inc. may send SMS or electronic messages related to inquiries, consultations, scheduling, project updates, appointment reminders, and customer support.
Opt-in is voluntary and collected through website forms or direct consent.
You may opt out at any time by replying “STOP.” Message and data rates may apply. Message frequency varies. Carriers are not responsible for delayed or undelivered messages.
You must be 18 years or older to participate. Company complies with TCPA and CTIA guidelines.
Website content is provided for general informational purposes only and does not constitute professional advice specific to your property.
Third-party links are provided for convenience only and do not imply endorsement. All website content is provided “as is” without warranties of any kind.
You agree to indemnify and hold harmless McGuire Earth Works Inc., its owners, employees, and agents from any claims, damages, liabilities, or expenses arising from your use of the website, violation of these Terms, or content you submit.
McGuire Earth Works Inc. reserves the right to update these Terms and Conditions at any time. The version in effect at the time services are scheduled or performed shall govern.
Continued use of the website or services constitutes acceptance of any updated terms.
McGuire Earth Works Inc.
9314 Greenback Lane
Orangevale, CA 95662
Phone: (916) 989-9713
Website: https://www.mcguire-ew.com
By requesting services, approving a proposal, scheduling work, making payment, or using this website, Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.
