Lost in translation: the challenge of managing clients

From a client’s perspective, commissioning a landscape designer or contractor is likely to be a daunting task. Whilst most have probably used a tradesperson before, the duration and sums of money involved in a landscape project may far exceed those they are used to.     

Whilst domestic clients with the means to pay for the services of a designer or contractor are likely to be relatively wealthy, with skill and experience in their own profession, unless they are tradespeople themselves or have experience of managing a construction project few will understand the mechanics of a landscape project, including design, construction, and project management. Many clients may also under-estimate the budget required for a landscape project. 

Being commissioned by a client also represents a challenge to a designer or contractor; they are entering into an agreement with a party whom they are unlikely to have any experience of working with, and have nothing in common – other than the desire to create a new garden.

A working relationship is like any other relationship; both parties will have different skills, experience, and attitudes. Third parties are also unpredictable; it is possible the client will be impatient, indecisive, or demanding at any point during a project, and management of this can be challenging.

Deciding not to proceed with a client who has shown an interest in your services but displays negative character traits during an initial meeting is easier said than done, particularly if your business model focusses on a particular geographic area or client demographic.

If, during the early stages of a working relationship, a prospective client displays character traits that differ from those you would expect from a client, take time to reflect on the likelihood of a successful working relationship developing.

The single biggest problem in communication is the illusion that it has taken place.

An experienced designer or contractor will be aware that managing an agreeable client is no different from a difficult client. Providing the designer or contractor has clearly communicated their working procedures with the client, and the client has accepted these, there is no ‘wrong’ approach.

A high proportion of disputes the Association is asked to resolve arise when communication has not been conducted successfully and the expectations of either party are not met. This break-down in relationship often occurs towards the end of a project when most of the construction work has been completed and the client refuses to pay the final instalment. It is at this stage that previously amenable clients may represent more of a challenge to manage, particularly if they have not received the service they were expecting.    

Mindful the number of disputes is rising, particularly amongst high-value projects, the Association would like to share the following advice to members looking to fine-tune their project management skills.

1.     Always use a contract

Contracts are an essential part of a project, regardless of budget. A good contract will outline to the client how the entire project process will be conducted, from initial meetings, communication of design documentation, construction, and completion. In essence, a contract sets out the rules of the game!

Without a contract or adequate communication regarding the terms of engagement, it is likely the client and contractor will make assumptions – which are unlikely to reflect reality. 

Whilst the law does not require businesses to issue a physical contract to their domestic client, (a contract will still be in force regardless, the terms will simply be implied or agreed orally) most legal professionals agree a formal contract represents a clearer method of outlining rights, obligations, and responsibilities in relation to a project.

Three contract templates are available to members, for download and use without charge from the technical section of the Association website:

• Design only
• Build only
• Design and build

Click here to download the contracts

The resulting contracts have been laid out to resemble a manual or FAQ document for the project, which can be used as a reference for both parties.  

2.     Use payment terms that reflect the project components

Since no two projects or clients are the same, your approach to charging the client for the work provided should reflect this.

Schedule 3 of all three contract templates allow designers or contractors to specify their own payment terms, and to help with this, the Association has recently launched a template Excel document that offers suggested variations of payment schedules for members to use.

Most members will be familiar with the principle of a deposit and staged payments, but as the cost of materials and budgets increases the Association urge clients and contractors to ensure their nominated payment schedule aligns with a project – and protects them in the event of a dispute.  

A suitable payment schedule will protect the contractor by ensuring:

• Materials required for a job are purchased with funds supplied by the client
• The liability for bespoke, non-returnable materials is placed on the client
• Additional costs and project variations requested by the client once an initial contract and specification has been agreed do not place the designer or contractor in a vulnerable financial position
• The member is protected from clients who place unreasonable obstacles in the way of final payments  

The payment schedule should work in unison with the contract, design documents and specification. If an agreement has been made for the client to release staged payments once a completion threshold has been met, ensure the criteria for this threshold is clearly outlined and agreed with the client.  

For high value or complex projects, consider breaking the project deliverables into detailed, but measurable, work stages. Ensure you are paid at regular intervals upon completion of each work stage, and that the client is made aware of each task via the contract specification.

Take photographic evidence of each task you complete and share this with your client as part of the project file.  This will ensure you highlight work competed to the client and you build-up an evidence file. This is particularly helpful for documenting hidden works such as footings, sub-bases and drainage, and if the client does not observe every stage of work completed, for example if they are on vacation or absent from the property for periods.  

3.     Ask the client if they are happy with the works provided throughout the process. 

Assign a contact within your business for the client to liaise with, and ensure they maintain a dialogue with the client throughout the project. This contact should ask the client (either verbally, or electronically) on a regular basis to confirm they are satisfied with the works progression.  This verification should be recorded and held on file. Any negative response from the client should be acted upon as a priority.