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*** owner has own contract? **

Discussion in 'Commercial Snow Removal' started by FaulknerLwnCare, Oct 23, 2008.

  1. FaulknerLwnCare

    FaulknerLwnCare Member
    Messages: 68

    I put bids in for a propertie leasing firm and they have there own contract . I was wanting to now if anyone elsehas had this before?
    And they have that ever so popular indemnity clause in it that says i am responsible for slip and falls etc. Based on not being salted/plowed good enough. Does anyone else have something like this?
  2. plowem

    plowem Junior Member
    from Maine
    Messages: 14

    Have a nice day!:waving:
  3. MileHigh

    MileHigh PlowSite.com Addict
    Messages: 1,827

    I had a property management company with many properties for bid give me one of there contracts to sign and I had to pass be cause it was so 1 sided. Slip and Falls were my liabilty, which is totally ridiculous. We protect businesses from these liabilities, WE DON"T TAKE THE LIABILITY AWAY.

    Good Luck, but I wouldn't sign that crap with a 10 foot pen..jmo
  4. ford6.9

    ford6.9 Senior Member
    Messages: 452

    Theres nothing wrong with that, Just have lots of insurance 2 million or more. And as long as they let you salt as you feel necessary then thats fine. They can get a big bill for salt. If its a monthly stay clear unless they are willing to pay top dollar....top dollar. And if they want you to salt only when they ask, let someone else get sued. Hope this helps.
  5. TEX

    TEX Senior Member
    Messages: 606

    Bye Bye now
  6. bribrius

    bribrius PlowSite.com Addict
    Messages: 1,609

    i would run away fast.
    Not the type of people i like working with.
  7. Knight Owl

    Knight Owl Junior Member
    Messages: 8

    Often times, these property managers send you contracts to sign..... but please keep in mind that everything is negotiable. Red line out what you don't like, or attach an addendum that specifies what you won't agree to. What's the worst that can happen ?? They say "no thanks". You're prepared (or at least SHOULD be prepared) to walk away from it....so whattayagot to lose ?

    All contracts can be amended. Alot of them SHOULD be amended to take out the onerous wording that places all liability on you. Heck - if they wanted you to Bond the job, surely you wouldn't agree to that. We used to just red-line out paragraphs and words we wouldn't agree to, sign the document (initial the changes) and send it back. More times than not - it came back executed. And, when it didn't - we still win because we're then off the hook totally.

    DON'T call them to negotiate (they will NEVER agree over the phone) - just red-line the offending wording, sign it, send it in..... in my humble opinion.
  8. 042500hd

    042500hd Senior Member
    Messages: 251

    I'd be cautious...I'd most likely pass on the contract. Indemnification clauses hold up. Basically your customer is saying if someone gets hurt we're giving them your number. Indemnity clauses are typically one sided and always favor the person asking for the signature. IMO
  9. 042500hd

    042500hd Senior Member
    Messages: 251

    Who determines how much is enough and when it's plowed properly? Even with $2 million in coverage you're still responsible for paying for your attorney and wasting your time.
  10. ducatirider944

    ducatirider944 Senior Member
    from Iowa
    Messages: 469

    I'm impressed, the newbie only has 9 posts and has a clue. Now don't disappoint me by starting a thread about wanting to plow a menards with a toyota.:D
  11. Pristine PM ltd

    Pristine PM ltd PlowSite Veteran
    Messages: 3,793

    We sign many pm's contracts... that's how it works in my area. We have our own contract and try to get them to sign it, often they insist on there and as part of the negotiation we sign their and make a few changes to theirs. The slip and fall issue isn't really an issue. You all get sued anyway.
    Last edited: Oct 23, 2008
  12. ford6.9

    ford6.9 Senior Member
    Messages: 452

    He does at the cost of the customer. Theres a risk of doing business, and these customers know that. You get paid well to do the job correctly so that issues like these don't arise. Charge accordingly, Do a morning walk through, Salt when you the contractor feels its required. And bill the client. They know what they are asking for and they also know it costs more than $50. per push from the go they waved down.

    Contracts like these require full time attention from a full time business. Charge them for what they want. And keep a log of everything you do on the property, what time did you do the walk through problem areas you frequently find remelts. Time in and time out for plowing. Details and attention to detail will cover your butt as well as lots of insurance and doing the work properly the first time.
  13. cet

    cet PlowSite Fanatic
    Messages: 7,192

    I plow for 3 different places and only use their contracts. With a slip and fall your insurance company handles the legal fees and all investigation. Keep good logs of when you plowed and salted and what the weather conditions are every day of the contract not just the snow days. Bid it accordingly.
  14. elite1msmith

    elite1msmith 2000 Club Member
    from chicago
    Messages: 2,762

    i sign them , but heres the catch - if im liable , then im also the ONLY person that authorizes service , .. in other words, it must be a ZERO tollerance account, it also must pay per push/per ton .... and i have full control over products and services completed

    do a good job , and have insurance, keep good records
  15. ford6.9

    ford6.9 Senior Member
    Messages: 452


    Thank You. You guys posted just as I was typing mine, I was starting to think I was crazy.
  16. bsuds

    bsuds Senior Member
    Messages: 192

    I just signed a contract that holds me liable for everything. Don't be afraid of these agreements. These jobs will be you biggest money makers. So bill, bill, bill. How these agreements are usually constructed. Is that you will sign there contract, but they will go with your pricing. Make sure in you pricing you put min. charges for your sand, and slicer. I charge 230/ton for slicer at a one ton min. So between the shoveling, icemelt, plowing, slicer, and sand, you will make great money on these high liability contracts. With every investment there is the risk reward ratio. You take out alot of the risk by servicing the hell out of these properties, because it's your a$$.
  17. JohnnyRoyale

    JohnnyRoyale 2000 Club Member
    Messages: 2,935

    From my experiences, I will agree that the money has been where the most liablity exposure exists-ie: Retail. Problem around here is most larger PM'S arent always looking at what you can do for them and how well of a job you can provide, instead they only look at their bottom line. Most really dont give a crap if you do the work or not cuz they'll pass the lawsuit over to you regardless, and put their backs up when caca hits the fan. In the past 90% of our snow was large retail centers, and now its mostly industrial and office buildings-which tend to be closed around the holidays, and operate mostly during daytime hours. Less pressure, stress, exposure to liability claims, and a little less money.
  18. FaulknerLwnCare

    FaulknerLwnCare Member
    Messages: 68

    Who are you calling a newbie?I see your join date was in 2008.Ive been doing this for years .I just dont sit on here and answer everybodys questions for them and post a bunch of threads because im sick and tired of these guys on here who buy a snow plow under bid the hell out of everybody and dont play by the rules like having all the insurance and everything that comes with plowing snow. And if you need to ask all kinds of questions about snowplowing and how long stuff should take on here than you should not be snow plowing at all. Just my 2 cents.
  19. cet

    cet PlowSite Fanatic
    Messages: 7,192

    FaulknerLwnCare, I don't think the newbie comment was aimed at you, it was at the guy he highlighter in his post.
  20. YardMedic

    YardMedic PlowSite.com Addict
    Messages: 1,266

    Ducati's wound a little tight to begin with! :gunsfiring: