[scott C]

Need some help on some contract info. Her's how it goes.

Sent out a snowplowing contract to a commercial client. They accepted my prices and in return sent me copies of there standard contract for me to sign and return.

There contract does not include my information, most notably payment schedule and (price is included) 2 inch trigger for snow plowing

Where and how do I include this info, do I simply add an amendment (seperate page) to there contract. Should I retype 17 pages of there contract with my info introduced. Or should I simply sign there contract and send along my contract for them to sign.

Can any one help.

[diginahole]

I don't know many contractors who would sign any of the property owners/ managers winter service contracts floating around these days.

It is important that snow and ice management contractors understand the dangers of assuming liabilities under a winter services contract. It is prudent to seek legal advise when preparing and executing these contracts. Your insurance broker may also be able to provide valuable advise with respect to the insurance response of indemnity clauses.

I'd be quite willing to bet that those 17 pages are attempting to get you to assume the owners liability. You should NOT assume any liability for third parties (owners and managers). Liabilities that arise as a result of your own errors, omission or negligence only should be assumed.

My advice..... re-write it.

[Paul]

Get one of your own. Have a lawyer write one up for you. If the one they want you to sign is 17 pages I'll bet that it puts you on the hook for everything.

[BRL]

If you do not understand exactly what everything in that contract means, then you should hire an attorney to review it with you. Ditto the other comments about there probably being plenty in there that is not beneficial to you as the contractor. It's hard to do, but sometimes you have to turn down work. Situations like that are on my list of clients to turn down.

[diginahole]

.... and naturally the lawyer you select should be familliar with construction and service contracts.

.... and remember the contract is only part of your protection. You still must be able to prove you fulfilled your obligations under that contract. Documenting when you were on site and the work you performed is critcal. Without this evidence you may never be able to show you have performed your obligations. But I digress.

[Lawn Lad]

One of the most important aspects of any contract is the "Scope of Services" which should clearly define what work will be performed by you, the Contractor. How can you be deemed negligent if you have not defined what you will do. The less information you provide here the more open the argument will be as to whether you performed the job as you should have. Obviously you need to make sure you can do what it is that you say you're going to do.

If the customer wants a 2" trigger that goes into the scope of services. You'll want to mention that you are liable for snow and ice that accumulates around vehicles and that you can only clear xx inches from the vehicles or make such reasonable attempt. Once the cars pull out of the lot, are you liable for the remaining snow/ice? What about cart corrals? If you shovel them as a part of your contract, state it. If you're not responsible for the snow in them make sure you outline this.

Here are some topics to consider describing in your scope of services:

1) Snow plowing... where on the property will this occur and where will the snow be piled? Any special considerations?
2) Sidewalks... what walks are included, what walks are excluded?
3) Trigger depth for plowing and walks - are they the same or different?
4) Ice control applications... how often do they occur? Who determines when de-icing shoudl occur?
5) Will you chemically treat the lot prior to the stated trigger depth?
6) How will you monitor refreeze and corresponding ice control applications? Is this necessary?
7) Stacking, relocating and snow removal... does this need to be incorporated into the contract?
8) Staking is included or not included in the contract.

These are just a few of things that should appear in your scope of services. Obviously your T&C will cover all the other bases you need in your contract. But to limit your liability make sure your scope of work is clearly defined. If the customer limits your actions by saying they only want "salt" when they request it... you might try a phrase like this:

"Owner has specified that ice control applications are to occur only when requested by authorized representative of the Owner. Unless an individual or individuals are specified by the Owner, Contractor understands that any representative of the Owner is authorized to request ice control applications."

Or, if you might try a phrase like this if you are to handle ice control applications on a proactive basis:

"Owner has specified that ice control applications are to be applied by Contractor under most winter weather scenarios when slippery conditions may exist. Contractor will apply ice control products as snow begins to fall leading up to the specified clearing trigger depth as required. Contractor will apply ice control products when snow fall accumulations are less than specified trigger depth to reduce snow accumulation (Note: Ice control applications alone will not remove snow/ice accumulations alone under most circumstances). Contractor will apply ice control during daytime snow events when snow fall will become compacted due to traffic or create icy conditions. Contractor will apply ice control chemical after most snow clearing operations to melt remaining compacted snow and ice. Contractor will only withhold ice control applications if complete meltdown has been forecast and appears imminent."

[jwholden]

Nice post Lawn Lad.

I hope you stick around a while!

[Will Pacala]

Welcome aboard LawnLad. Glad to have ya'.
Will Pacala

[scl]

Nice to see you here Lawn Lad. Great post!
I also agree with the previous posts about using a contratct supplied by the client. Get your own.