All indications suggest that this summer’s drought will continue into 2003 even with an above average winter of precipitation. Anticipating this, the Denver Water Board has further restricted lawn watering in September and prohibited all watering after October 1 except by special permit. It is likely that other cities will follow Denver’s lead (see Drought Update article). What does this mean for your landscaping needs next spring and summer? No one can be certain, but what we do know is that landscaping contracts should be written to allow for the unknown.
 
Generally, landscaping contracts are negotiated in the fall of each year and services start in April or May and continue through October, with the association paying a monthly fee for mowing, weeding, fertilizing, etc. over a 12 month period. If the drought continues the necessary services may be drastically different from what is normally expected. For example, what if it turns out much of your common area grass has died or become dormant due to lack of water? Do you really want to pay a landscaping company to mow grass that is not growing? Or, you simply may not need mowing weekly, instead it may be every 2 or 3 weeks. You probably don’t want to pay the same price if the services provided are reduced.
 
When negotiating your landscaping contract for 2003 consider the following:

1.  The right to terminate or amend the contract if further mandatory watering restrictions are imposed after executing the contract;

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