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What should be on a contract?

Discussion in 'Business Fundamentals' started by Daner, Jan 9, 2006.

  1. Daner

    Daner PlowSite.com Addict
    Messages: 1,187

    I have just been doing country laneways...and now thinking of getting some lots to do
    Can anyone help me on this matter...What should be on the contract to protect me and to make it fair for both me and the customer
    Per push?
    For the season?:help:
  2. Grn Mtn

    Grn Mtn PlowSite.com Addict
    Messages: 1,644

    Contact CET, he has lots of experience up in your area. First and foremost you (if not already) need to get 1-2 million General Liability insurance on top of your commercial vehicular insurance. Then you should get a salter, because when the slip and fall lands in your lap, you'll want to be able to say "at 4:25am I had cleared the lot of snow and applied 1 ton of salt..." I also have a clause that says slippery conditions may still exist even after I have completed my job so what out and don't sue my butt cause you slipped, okay well I don't have it worded quite that way but you get the point. Next be prepared to spend lots of time at the lot. Pre-treat before, and plow every 2". Explain that if you have to come back because of obstacles that normally are not their(dumpsters, cars) you MAY have to charge a service fee, this way if you do come back and don't charge them you look good. Do it per push but pre-pay 10 upfront.

    Get yourself a set of ProWings:bluebounc :bluebounc :bluebounc and have fun. Lots are the best.
  3. Daner

    Daner PlowSite.com Addict
    Messages: 1,187

    Thanks for the advise

    What if i had added the we are not responcable for any injuries due to slippery conditions??
  4. Grn Mtn

    Grn Mtn PlowSite.com Addict
    Messages: 1,644

    Hey Daner, email me and I'll help you out more, (see signature)
  5. mmwb

    mmwb Senior Member
    from wyoming
    Messages: 114

    There is some good advice above, but it should be understood that there is no general waiver that will regularly hold in court. It may help discourage litigation, but it often comes down to the judgement of a jury--which, unfortunately often lacks common sense. In 1996 we had a case in Wyoming that went to the State Supreme Court on appeal (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=wy&vol=/1996/&invol=95-300). The ruling gives the landowner, and likely contractees some protection from litigation in most cases.

    The thing that needs to happen in states where a legal precidence isn't set, is for landowners (voters) to demand protective legislation to be created. This would extend to those hired to clear snow and ice as well. You could bet that the insurance companies would be glad to lend some clout to lobbying efforts. Enough land owners vote. It shouldn't be difficult to get the legislation passed. Just some leadership to take it to the right representatives or senators to champoin it in commitee.