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Contract legal help

Discussion in 'Commercial Snow Removal' started by Snoworks, Nov 16, 2002.

  1. Snoworks

    Snoworks Senior Member
    Messages: 466

    I have a large home improvement store ready for me to sign their contract. The contract they want me sign, says that I am to assume liability for all snow and ice events as well as hold the owner harmless for all snow and ice events.

    The problem is that they do not want me to salt this lot. They have stated that they will self perform this work.

    The plowing portion of this work is $2000.00 a push, from 1" to 4". It would be a good project if I could get some exlusions in their contract.

    What do you think, any advice?

  2. digger242j

    digger242j Senior Member
    Messages: 672

    I'd be very wary of that one. I'm too tired to go looking for it but I remember reading contract language somewhere (here, or the SIMA site?), about the owner's not requesting salting and that non-request letting the plowing contractor off the hook as far as slip and fall liability. It sounds like that woud be directly contradictory to the language they have in their contract though.

    How much of that $2000 per push is going to be profit? In other words, is there enough actual money going into your pocket to assume (and insure for), the kind of liability they're asking you to?
  3. Snoworks

    Snoworks Senior Member
    Messages: 466

    I should clear over $1,000 on a 1" to 4" snowfall. I really would like to plow this lot, due to the removal potential. After two or three plows, all snow accumulated will have to be removed. I have estimated that a single removal event will cost them around $4,000. If we have a typical season times that by 3.

  4. Chief Plow

    Chief Plow Senior Member
    Messages: 201


    I don't like the fact that they expect you to assume all liability, and they don't want you to salt. Why? To me that is looking for trouble. I don't care how much money they pay you. You could piss all those profits away if some one falls and gets hurt , then decides to sue you and the store, your profits would be going to an attorney, instead of in your pocket. I would really try and push them into salting, based on the liability. Show them your the professional, and if they are still not happy with that, let them find someone else..... To me it would not be worth risking all I got ...... Just my own opinion..

  5. mike9497

    mike9497 Senior Member
    Messages: 466

    i wouldn`t sign.what if they don`t sand? ice forms over a period of time.someone falls and its your head and your contract states that you were just plowing and not doing ice control.i think it should be a 50/50 deal man.all my commercial lots around here want sanding/salting.only the places that i sub for don`t.they have other sub companies come in and do it.so im off the hook in a way,but if im plowing at the sub places and someone falls while im there i can get into some legal problems but the company i sub for takes care of it.now the commercial accounts i have i put down tons of sand/salt never had any legal problems with my accounts.the only thing that sucks is if i break up the pavement or a curb then i have to replace it.but u better tell them you want it 50/50 cause your only doing half the job so if something happens after your gone its all on you buddy.if it was a 6000 job i would maybe think about doing it for oh maybe 30 seconds.but the main thing is cover your own a** cause its your money that you will lose.IT SOUNDS LIKE A S***** DEAL TO ME.good luck!!
  6. Got Grass?

    Got Grass? Senior Member
    Messages: 641

    HECK NO!!!!!!
    So if some old lady slips & falls in the lot because they didnt pay you to salt your responsible???

    $2000 may seem nice UNTILL you have to put out a few MIL.
    Then see how your pockets are feeling after your Insurance payment arives in the mail.

    Change the contract wording so you are NOT responsible for ANY events or else forget it...

    They want you to be their CHEEP insurance policy....
  7. paul soccodato

    paul soccodato Senior Member
    Messages: 430

    either tell them to change the contract, or find another contractor.
    i would tell them that its impossible for you to assume liability, for something thats out of your control. places like that try to save money by using salt from thier stock, instead of paying a contractor for it. if so ,tell them to supply the salt, and you charge them to put it down. this way when you leave that lot, you know its clean and have nothing to worry about. i wouldnt leave the most important job up to someone else.
    most of the time, people slip on ice, not snow
    good luck