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hold harmless contracts

Discussion in 'Ice Management' started by CNYScapes, Dec 8, 2005.

  1. CNYScapes

    CNYScapes Senior Member
    Messages: 136

    Do you guys with hold harmless contracts salt every time the lot is plowed? In the past I have salted when I thought is was icy, but after a few complaints last year I think I will start salting every single time i am on the property just to cover my a##.
     
  2. digit

    digit Member
    Messages: 94

    I have several large accounts and some small one's that i salt every time i plow or whenever there is snow on the pavement. Then I also have several small accounts that don't want any salt . If you can get the customer to agree on using salt I would. I try to talk every one into it but don't suceed.
     
  3. SnowGuy73

    SnowGuy73 PlowSite Fanatic
    Messages: 24,868

    I agree...:nod:
     
  4. hickslawns

    hickslawns Senior Member
    Messages: 619

    If they have a hold harmless clause, then salt it. If they don't want to spend the money, then have them sign off saying they refused salt. This will help cover you. Nothing is for sure though. If they want you liable, then you need more money from salting the crap out of it.
     
  5. greenworldh20

    greenworldh20 Member
    Messages: 84

    if a client wants to make call on whether salt is applied or if they refuse salt our contract states: ' if you have put restrictions on this contractor to perform our work to the best of our ability and/or judgement then you agree to defend and hold this contractor harmless for any and all accidents that may occur on this property during a snow/ice event.'

    also our contract states ' that snow removal and/or ice control does not mean that this contractor guarantees that property will be 100% snow and/or ice free.'
     
  6. rob1325

    rob1325 Senior Member
    Messages: 297

    When A contract comes my way with that on it I cross it off and write on contract will not except the no harm clause terms. If they say I have to then I say get someone else. I never accept a contract with that in it. To many variables can come into play and your still liable.
     
  7. hickslawns

    hickslawns Senior Member
    Messages: 619

    There are certain property managers around that want a "fall guy" or "scapegoat". Be careful. I went around with one last spring. My attorney said don't do it. That is what I pay them to do. Read the fine print on those contracts guys. For example, the above mentioned prop manager wanted me to do site inspections once a month for the strip mall. We would be sweeping the parking lot, mowing, landscaping, the whole nine yards. However, the inspection was once a month. How can I be liable even if we check it 3 nights per week when we are sweeping if something happens 5 minutes after we leave? They wanted me to indemnify them (protect them in a lawsuit and cover all legal fees) with a monthly inspection. Big companies want the local guys to do their work, and cover their butts in the event of trouble. All I am saying is be careful. I would hate to see somebody bit the bullet just to secure an account. The mentioned contract would have been about $10k per year, but it would not be worth it unless they took out the hold harmless clause. They didn't, and now the property looks terrible because they got someone to do a hack job and sign their contract. BE CAREFUL! don't sign anything that puts you liable.