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Indemnification clause in snow plowing contract (would you sign?)

Discussion in 'Business Fundamentals' started by Ziob34, May 5, 2009.

  1. Ziob34

    Ziob34 Senior Member
    Messages: 182

    hey everyone,
    just curious of your opinion on signing an indemnification clause in a snow plowing contract it is for a condominium complex. Just curious if you encounter this alot and what your take is.
     
  2. THEGOLDPRO

    THEGOLDPRO PlowSite Veteran
    Messages: 3,136

    are they asking you to sign it? are they basically saying that if anyone slips and falls the condo complex isnt held responsible, you are as the contractor????
     
  3. TCLA

    TCLA 2000 Club Member
    Messages: 2,699

    We do it all the time. This is typical and very common in most commercial contracts of size.

    You can try to cross it out then sign, but it might not fly for you. Property owners want someone else to be held responsible and liable, normal expectation when hiring a professional.
     
  4. Flipper

    Flipper PlowSite.com Addict
    from CT
    Messages: 1,180

    They think it makes a difference. Just like lots of contractors put they are not repsonsible in their contracts. Its all meaningless, the insurance company of the victim or the victim themself will go after everyone.

    I sign them but only after I have a copy of their insurance on file.
     
  5. Ipushsnow

    Ipushsnow Senior Member
    Messages: 314

    If a customer wanted me to sign something saying I am liable for slip and falls, etc this is what I would do:
    Salt when they forecast snow
    Plow it when it starts to accumulate and don't stop til the snow stops and the lot is clear
    Salt again

    Charge them for all of the above

    The whole thing comes down to negligence, if you can show you did all of the above no attorney in the world could successfully argue that you were negligent. A pre-salt, dedicated truck on site, and a post salting, what else could you do? NOT GUILTY YOUR HONOR!!!!!!!!
     
  6. RODHALL

    RODHALL Senior Member
    Messages: 374

    I agree..... I only sign if i copy of there insurance on file. I have one bigger contract that requires a truck be on site, from nov 1 till april 1 they pay $XX per day for it to sit there, They pay XX for plowing every 2 inches, they refused salt. I had them clearly state no salt in contract. if anything ever happens i'll point out they refused salt..