MMG recommends the following be included in writing between property owners/managers and snow removal contractors:
• A date range for when plowing services are to be conducted.
• The exact services to be provided as well as a specific location(s).
» Example Services: Plowing, shoveling, salting, sanding.
» Locations: List exact address(es) and where on the property each service is to be performed.
• An agreed upon location where the snow will be plowed to on the property. Flag any areas to avoid.
• Outline if stored snow will be removed from the property, by whom, and what constitutes a need for snow removal.
• Note what weather events trigger the plow contractor to come to the property.
» Example: After 2” of snowfall, during freezing rain, etc.
• Specify if sanding/salting services are included, and if so, exactly what services and where on the property they will be applied.
• Address if the contractor has a responsibility to inspect the property between snow events or if they are only required to visit the property when called by the owner/manager.
• Include an indemnification clause approved by legal counsel. No hold harmless language should require the contractor to defend or indemnify the owner/ manager for their own fault.
» If a subcontractor is permitted and services contracted, indemnification language in the contract between the contractor and subcontractor should be in place as well. The language should require the subcontractor to defend and indemnify the primary contractor for losses arising out of the subcontractor’s negligence.
All contracts should be reviewed by legal counsel to ensure the language is accurate and sufficiently addresses services offered.