OF LANDSCAPE ARCHITECTS 



117 



the costs and charges of the arbitration upon 

 either or both parties. The award of the ar- 

 bitrators must be in writing and, if in writing, 

 shall not be open to objection on account of 

 the form of the proceedings or the award. 



10th. Additions of similar planting material 

 to or subtractions from the appended list of 

 plants contracted for may be made during the 

 period of this agreement, or this agreement 



may be extended by mutual consent in writing 

 between the Nursery and the Owner or his 

 agent. 



11th. The work under this contract is to 

 be completed not later than 



Dated this day of 



Witness 



Witness 



-19- 



MEMORANDUM IN REG.ARDS TO PAYMENT OF BILLS FOR NURSERY 

 STOCKS ORDERED BY LANDSCAPE ARCHITECT FOR THEIR CLIENTS 



The practice of many landscape architects of 

 withholding nurserymen's bills from recom- 

 mendation for payment until they have veri- 

 fied the bills from several different nursery- 

 men for all plants shipped on their orders to 

 a given client throughout a whole planting 

 season, when taken in connection with the 

 fact that the clients often delay payment after 

 receiving the bills with the landscape archi- 

 tect's recommendation for payment, sometimes 

 works serious financial hardship on the 

 nurserymen and ought to be kept within close 

 limits. Where the bills from individual 

 nurserj-men are small it maj- be reasonable to 

 hold some of them as much as thirty days for 

 the sake of sending in a group of bills at one 

 time to a client for the latter's convenience; 

 but in no case is it good practice to hold any 

 bill in this manner for more than a month 

 after the receipt of goods and bill. 



Landscape Architects ordering plants from 

 nurserymen for clients are recommended by 

 the American Society of Landscape Archi- 

 tects to follow the practice (unless negotia- 

 tions arc pending with the nurseryman in re- 

 gard to a counterclaim! of issuing as soon as 

 practicable and in any case within 60 days af- 

 ter the receipt of both bill and goods from 

 the nurseryman, a certificate of payment due, 

 as in the case of certificates of payment due 

 contractors, sending copies both to the client 

 and to the nurseryman. In any case, the land- 

 scape architect should notify the nurseryman 

 promptlj- by some means, as soon as he has 



verified the bill and recommended the client 

 to make payment. In the opinion of the 

 American Society of Landscape Archi- 

 tects, there is no reason why the nursery- 

 man, after the receipt of such notice and after 

 informing the landscape architect of his inten- 

 tion and given opportunity for reply in case 

 there is special ground for objection, should 

 not address himself directly to the client with 

 regard to payment of the account. Further- 

 more, if the landscape architect should delay 

 sending such notice to the nurseryman for 

 more than sixty days after the receipt of both 

 bill and stock from the nurseryman (unless in 

 the interval he shall have requested the 

 nurseryman to agree to an adjustment of the 

 bill on account of error in the bill or defect 

 in the shipment) the American Society of 

 Landscape Architects recognizes that the nurs- 

 eryman may properly notif)' the client direct, 

 after notifying the landscape architect of his 

 intention and giving reasonable time for reply, 

 that the bill has been sent the landscape archi- 

 tect for verification and that payment is over- 

 due. 



For the protection, both of the landscape 

 architect and the nurseryman, from possible 

 misunderstanding on the part of the client, the 

 .*\nierican Society of Landscape Architects 

 recognizes it is entirely proper that a nurs- 

 eryman, \v!ien accepting a large order from a 

 Landscape Architect on account of a client, 

 should send a copy of the acceptance direct to 

 the client so as to put the latter on notice. 



