Expert: Lee Kilcup - 3/25/2008

Question
We are a wholesale nursery trying to get landscapers/developers to sign a "contract" stating when delivery of plants is anticipated (3mth period). And that if plants go 'over-time' the quality may not be up to normal standard. One landscaper shoy back about including a project prolongation claim clause, but all we really require is acknowledgement that we have a right to sell plants if not taken up on time to avoid a backlog in the nursery. Can you explain what this clause might entail in our situation. We are not actually looking to oncharge a 'prolongation' cost.

Answer
It seems to me that this could be a condition of your sales to the customer and should be included in any contract that you sign to provide materials. You should not take advantage of this clause to deliver substandard plant material if they are 3 months and 1 day past the agreed upon delivery time.
It seems like a reasonable request to me. Good luck