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  • Serving Plano and Collin, Dallas, and Denton Counties
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Two Legacy Tree Care arborists measuring the trunk of a mature oak with a diameter tape and checking it against a site plan, outside a commercial office building

Read From The Ordinance Itself

Putting Tree Protection In A Contractor Scope Of Work

The ordinance bills the owner. The contract is where it moves.

Cities write these obligations against the property, and in one case they name the owner as the party who installs the fencing. If tree damage is going to be somebody else's cost, the document that makes it so is the scope of work, not the code.

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The Code Looks At The Property

Municipal tree provisions are written against land. They attach to a site, they’re enforced against whoever owns it, and they take limited interest in the commercial arrangements behind the work.

Garland’s penalty provision reaches the property owner as well as the person doing the work, and extends to anyone who allows or suffers the activity. Frisco goes further in a quieter way: its protective fencing is to be installed by the owner, in terms, and inspected before the pre-construction meeting or the grading permit.

Which sets up the practical point of this page. The code won’t move a penny of that exposure onto the party who caused it. Only the contract can do that, and only if it says so.

What Belongs In The Scope

Six items, all of which get assumed on projects where they later go wrong.

  • Extent And Standard

    A Legacy Tree Care arborist standing at a run of orange protective fencing enclosing a large tree at its drip line, on an active construction site

    Where the protection sits and what it’s made of, both calculable in advance. The protected area follows from trunk measurements and the fencing carries a specification, so neither needs to be settled on site.

  • Who Books The Inspection

    A Legacy Tree Care arborist talking with a site manager on graded ground before construction, beside a tree enclosed by orange protective fencing

    Where an inspection precedes the grading permit, somebody has to arrange it. Unassigned, it becomes the reason a permit sits waiting, and it’s the cheapest delay on any project to avoid.

  • What's Prohibited Inside

    A Legacy Tree Care arborist looking down at vehicle ruts compacted into bare soil across the root zone of a mature tree, on a construction site

    Parking, equipment, material storage and chemical wash-out are four distinct site habits. Naming them individually works; a general instruction to respect the fencing doesn’t, because the wash-out spot gets chosen by whoever needs one.

Price It As A Line, Not As Preliminaries.

Tree protection has a measurable extent, a specification and a date, which makes it a straightforward line item.

Folded into general preliminaries it becomes something else: an unpriced expectation, first to be squeezed when the number needs to come down, and last to be checked when the program tightens. Nobody defends a cost they can’t see.

Priced separately it also becomes verifiable. There’s an amount attached to something that either happened or didn’t, and a photograph settles which.

The Contract Usually Ends Before The Damage Appears

This is the structural problem, and no amount of care on site resolves it entirely.

Compaction and root loss take seasons to express, and Dallas puts a five-year horizon into its ordinance in recognition of exactly that. Practical completion, the defects period and the retention release all happen well inside that window.

So a project that ends with no record of tree condition has quietly decided the question in advance: when a preserved tree fails two summers later, there’s nothing to argue from, and the owner holds it.

Handover Is Where This Gets Cheap

The remedy is a small file, assembled while everyone is still on site.

Dated photographs of the protection in position during the works. The condition of each preserved tree at completion, recorded rather than assumed. A note of what was planted, under what obligation, and when any survival period ends.

It takes an hour. It’s also the only account of what happened that will still exist in three years, by which point it’s either the reason a claim resolves quickly or the thing nobody made.

Frequently Asked Questions

The property, in practice. Garland's civil penalty provision names the property owner alongside the person carrying out the activity, and reaches anyone who allows or suffers it. So the city's question is answered at the site rather than at the subcontractor who did the work.

Frisco assigns it to the owner in terms: protective fencing installed by the owner, and inspected before the pre-construction meeting or the grading permit. Whoever physically installs it, the ordinance is looking at the owner, which makes it a scope item to allocate deliberately rather than assume.

Where the protection goes and by what standard, who installs it and by when, who books the inspection, what happens inside the protected area, which activities are prohibited there, and what condition preserved trees are handed back in. Each of those is a place a project goes wrong when it's left implied.

As a line item with a measurable extent, because it has one. The protected area is calculable from trunk measurements, the fencing has a specification, and the inspection has a date. Bundled into general preliminaries it becomes the first thing squeezed and the last thing anyone checks.

Nothing physical, which is why the scope matters. Where a city bars using the protected area for parking, equipment, material storage or chemical wash-out, those are four separate site habits that need naming in the contract. Wash-out in particular gets sited on the day by whoever needs it.

That's a contractual question, and it depends on what the contract said. The city's penalty and the recovery are two separate processes running on different timescales, and the second one is much easier where the obligations were written down and the protection was documented as installed.

It usually does show later, which is the difficulty. Dallas writes a five-year decline standard into its ordinance for exactly that reason. A contract that ends at practical completion with no record of tree condition leaves nothing to argue from when a preserved tree fails two summers on.

Dated photographs of the protection in place during the works, the condition of each preserved tree at completion, a note of what was planted under what obligation, and the date any survival period ends. It costs almost nothing at the time and it's the only version of events that will still exist in three years.

Where To Start

Three Ways To Settle The Compliance Question

Ordinance work usually has a date attached, and what closes it out is a document rather than a conversation.

Something Is Wrong Now

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You Want To Know What You Have

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Nothing Is Wrong Yet

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  • Insured & Bonded
  • Serving the Plano Area Since 2005
  • Emergency Dispatch
  • Commercial Property Specialists

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