Using Proper Language
Winter is the time for many landscapers and contractors to begin snowplow operations. The language in the snowplow contract is a key factor in deciding who is responsible for a claim, such as a slip and fall loss. Many times, the contract determines who will be responsible for the loss is it the snowplow contractor or the property owner?
As with any contract, it is a good idea to consult a lawyer in your state for a legal review before finalizing and signing the agreement. However, it may be useful to understand some snowplow contract concepts before meeting with a prospective client.
Narrow, specific language is good – overly-broad language can be bad.
- “Snowplow Operations” or “Sanding and Salting Operations” are good because
What is a certificate of insurance and what can it do?
A certificate of insurance is a document that summarizes the terms, conditions and duration of an insurance contract, but it is not the contract itself. The certificate shows what type of insurance is in place at the time it is requested. It does not tell you what is in place a month from now or a year from now. This is why it is commonly referred to as a “point in time” or a “snapshot in time” document. It was originally created to serve as an outline of coverages in place and was used in lieu of producing the entire policy for review.
What can it not do?
A certificate cannot alter, amend or change any coverages that are currently in place. No changes can be made to the policy by way of using the certificate to manuscript coverages. If any
"The Slippery Slope of Liability"
Come join us Tuesday, October 26 while we discuss what you, the contractor, can do to protect yourself with loss control ideas and contract language as you prepare for the snow plowing season. All are welcome! Refreshments will be provided.
You can reserve your spot by calling Bill Burke or Dick Miller at (518) 431-5555, or by filling out the registration form here.
Farm Family is located at 344 Route 9W, Glenmont, NY.
We are approaching that time of year when professional snow-plow operators begin entering into contracts with property owners for the coming snow season.
To help limit the potential for lawsuits and your liability, here are some tips:
Preferably no “Additional Insured” status should be granted to owners and no “Indemnification” clauses should be used in your contract, holding you responsible for property damage or injuries as a result of your snow plow operations.
Your contract should be limited as to when your duties begin.
Language such as:
- Snowplowing operations begin after 2 or more inches of fallen snow,
The information contained in the above articles have been obtained from sources believed to be reliable. The information is general in nature and may not apply to all circumstances. American National family of companies’ affiliates, agents and employees do not guarantee the accuracy or completeness of the information provided and assumes no liability, expressed or implied, in connection therewith. Further, the information is not intended to constitute legal advice and should not be relied upon in lieu of consultation with an appropriate legal advisor.