3 Common Components of Snow Removal Contracts Recommended by Snow Experts
The number of slip-and-fall cases continues to increase with each winter season, and consequently, so does the likelihood of a business owner being faced with a related lawsuit. Turning to contracted services to ensure your property is safe for visitors is often the best option, so the contract itself becomes crucial to liability prevention. It is recommended to consult a snow expert to ensure that the contract is properly written. Without the proper protections in a contract, you may be left liable for something that would otherwise be considered the removal company’s responsibility. Here are three components that a good contract will include.
1) Indemnification Clause
Thoroughly written, well-drafted contracts will include an indemnification clause. An indemnification clause is a provision within a contract in which one party agrees to either cover the losses of the other in the case of harm or liability or hold harmless from any liability which arises from the actions set out in the contract. The “indemnified party” is the protected party. Mutual Indemnification is possible but check with your snow expert on the best way to structure your clause.
This is one of the most vital components to maintaining a good relationship with your contractor while preventing further unnecessary losses in the case of an accident. It is important that you ensure that the removal company has liability insurance of its own as accidents surrounding snow and ice treatment can be of substantial significance and monetary value. If the company is not insured, you may be held liable for your contractor’s negligence. Always request proof of insurance from your contractors in the form of certificates, and examine them thoroughly. Ask a snow expert about the different kinds of insurance that a removal company might have and which ones are ideal.
3) Enumerated responsibilities
It is in your best interest to be specific in the terms of the contract when it comes to the expectations of the contracting company. These details may include how much of the property to treat, the amount of time that should elapse from the end of a storm to removal, or what kinds of materials are to be used. In a circumstance when it is being disputed whether the contracting company fulfilled its duties properly, a well-composed contract will certainly help to dissolve any debate.