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What to include in snow plowing/blowing contract

Discussion in 'Commercial Snow Removal' started by Bchlawns, Jun 22, 2004.

  1. Bchlawns

    Bchlawns Senior Member
    from Ohio
    Messages: 147

    Hi guys,
    i would appreciate some quick information in what you put into your snow removal contracts for commerical lots and reisdential drives. I assume something about will not be liable for slip and fall accidents and others. Could you please help me out.
    Thanks
    Bchlawns
     
  2. SCSIndust

    SCSIndust Senior Member
    Messages: 280

    You can't really get out of it totally. I have a clause about it in my contract. It states that the 'owner' of the premesis must notify the 'contractor' within a reasonable period of time in case of slip and fall cases. You always want to leave a little gray area here and there. As long as you do your job right and completely, you will be more likely to not be held liable. One of my restaurants I plowed last year had a person slip on an icing walk. I had personally salted it, and very heavy at that! The manager didn't tell me until two weeks later. I told him that I couldn't be held responsible for anything because he had gone through his whole insurance process and notified the main office about it, and never told me. His mistake. If he would have told me sooner, I could have been held liable, but it would have never held up in court because I had someone else with me spreading salt, and there is no way I could be charged with negligence. Talk to a lawyer before too long and have them go over a contract with you to keep you as safe as possible.
     
  3. PLOWMAN45

    PLOWMAN45 2000 Club Member
    Messages: 2,830

    I have a claus for a couple of co's that i do sidewalks are sanded and i recommend both they only wanted sand so i told them not responsible for damage or injury
     
  4. Bchlawns

    Bchlawns Senior Member
    from Ohio
    Messages: 147

    jalawn or anyone
    is there any other important information i should include in a contract? I have received a contract with one place and they already made me aware that they do not want salt very often at all. So that is telling me right there that i could put in the contract that i will not be liable for slip and fall accidents? What about residential walks?
    Thanks for your time and advice
     
  5. North Country

    North Country Senior Member
    Messages: 141

    Here is a standard clause -

    <i>All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications, involving extra costs will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. North Country Snow and Ice Management is not responsible for “Acts of God,” and assumes no liability for naturally occurring conditions or on premise accidents of any nature after leaving property.</i>

    It should clearly state in your contract who's decision it is to apply de-icer, 'naturally occuring conditions' takes care of drifts and refreeze while you are servicing other properties. I suggest that you keep a service log of times, dates, service performed and materials used to cover your own butt.
    - michael
     
  6. Bchlawns

    Bchlawns Senior Member
    from Ohio
    Messages: 147

    Thanks North Country for the advice that helps me out. Good Luck
    Bchlawns