Work contract and property damage

[joem2254]

Illinois

Small service business in Illinois, lawn care and snow plow of residential properties. Have signed contracts that DO indicate that company is NOT responsible for ANY damages to property, structures, etc. in any case. If there was damage, we would claim not covered as they have a agreed to and signed the contract. Wondering if this clause would be suffecient to avoid any further action should something ever take place. Reason asked, we have current liability insurance, but snow plow insurance is a seperate company and expensive. Our contract for next season has this clause and want to be sure we are in the correct position. Been in busiess 20 years and never had any claims for any reason. Thanks in advance.

 

[PayrollHRGuy]

I'm not going to comment on the standing of the disclaimer. But really you have been in the lawn care business for 20 years and never caused any damage? Not even a rock thrown by a mower? You should knock on some wood right this second. That is really an amazing, and in my opinion purely luck based, record.

BTW... I would never sign a such a contract with a lawn care company.

 

[joem2254]

I'm not going to comment on the standing of the disclaimer. But really you have been in the lawn care business for 20 years and never caused any damage? Not even a rock thrown by a mower? You should knock on some wood right this second. That is really an amazing, and in my opinion purely luck based, record.

BTW... I would never sign a such a contract with a lawn care company.

Should have read the post. For 20+ years we have Liability insurance, and yes... NEVER ANY DAMAGE WHAT-SO-EVER. In fact, I communicate with dozens of other companies nationwide that also have NEVER had any type of damage to anyones property. My question was about snow plowing.

I wasn't asking for a critique of the lawn services industries or what you personally would consider signing, being a legal site, I figured I would receive intelligent responses to my actual question.

 

[LdiJ]

Should have read the post. For 20+ years we have Liability insurance, and yes... NEVER ANY DAMAGE WHAT-SO-EVER. In fact, I communicate with dozens of other companies nationwide that also have NEVER had any type of damage to anyones property. My question was about snow plowing.

I wasn't asking for a critique of the lawn services industries or what you personally would consider signing, being a legal site, I figured I would receive intelligent responses to my actual question.

If you wanted intelligent responses then you should be glad that you got an intelligent response rather than dissing it. You needed to be told that many, if not most potential clients would decline to use your services with that kind of disclaimer.

Also, that disclaimer will not protect you from a negligence claim, and not having insurance is considered to be clear cut negligence. I can also almost guarantee that it would be against the law to run a snowplow without insurance.

 

[quincy]

Illinois

Small service business in Illinois, lawn care and snow plow of residential properties. Have signed contracts that DO indicate that company is NOT responsible for ANY damages to property, structures, etc. in any case. If there was damage, we would claim not covered as they have a agreed to and signed the contract. Wondering if this clause would be suffecient to avoid any further action should something ever take place. Reason asked, we have current liability insurance, but snow plow insurance is a seperate company and expensive. Our contract for next season has this clause and want to be sure we are in the correct position. Been in busiess 20 years and never had any claims for any reason. Thanks in advance.

Here is a link to the Illinois Snow Removal Service Limitation Act, enacted in 2016: http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3740&ChapterID=67

 

[joem2254]

If you wanted intelligent responses then you should be glad that you got an intelligent response rather than dissing it. You needed to be told that many, if not most potential clients would decline to use your services with that kind of disclaimer.

Also, that disclaimer will not protect you from a negligence claim, and not having insurance is considered to be clear cut negligence. I can also almost guarantee that it would be against the law to run a snowplow without insurance.

And situations we have faced in the past - plow a driveway for the entire winter, then the client says that they had their driveway sealed before the winter and the plow scratched that seal and want the driveway seales by us, and/or their driveway was older and cracked and missing some of the blacktop, its is plowed for the season and they blame us for taking any part of the drive with the plow. cost of thousands to have the entire driveway replaced.

 

[joem2254]

And situations we have faced in the past - plow a driveway for the entire winter, then the client says that they had their driveway sealed before the winter and the plow scratched that seal and want the driveway seales by us, and/or their driveway was older and cracked and missing some of the blacktop, its is plowed for the season and they blame us for taking any part of the drive with the plow. cost of thousands to have the entire driveway replaced.

Sec. 10. Certain indemnity agreements void. A provision, clause, covenant, or agreement that is part of or in connection with a snow removal and ice control services contract is against public policy and void if it does any of the following:
(1) Requires, or has the effect of requiring, a

service provider to indemnify a service receiver for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees.
(2) Requires, or has the effect of requiring, a

service receiver to indemnify a service provider for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees.
(3) Requires, or has the effect of requiring, a

service provider to hold a service receiver harmless from any tort liability for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees.
(4) Requires, or has the effect of requiring, a

service receiver to hold a service provider harmless from any tort liability for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees.
(5) Requires, or has the effect of requiring, a

service provider to defend a service receiver against any tort liability for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees.
(6) Requires, or has the effect of requiring, a

service receiver to defend a service provider against any tort liability for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees.

 

[quincy]

Right. Certain indemnity agreements are void as against public policy, as per the Limitation Act linked to previously.

The clauses in your contracts do not protect you from liability.

 

[PayrollHRGuy]

And situations we have faced in the past - plow a driveway for the entire winter, then the client says that they had their driveway sealed before the winter and the plow scratched that seal and want the driveway seales by us, and/or their driveway was older and cracked and missing some of the blacktop, its is plowed for the season and they blame us for taking any part of the drive with the plow. cost of thousands to have the entire driveway replaced.

Wait a minute. You said you had NEVER had any claims.

 

[quincy]

Wait a minute. You said you had NEVER had any claims.

I was going to point that out, too, but decided to ignore the obvious contradiction.

 

[PayrollHRGuy]

I was going to point that out, too, but decided to ignore the obvious contradiction.

I would have ignored it as well but you saw his reply to me.

 

[Zigner]

Just another example about how people try to manipulate the story so that they can get the answer they want.

 

[quincy]

I would have ignored it as well but you saw his reply to me.

Yup. I did.

I hope joem2254 is more pleasant to, and honest with, his clients than he has been here.

 

[joem2254]

wait a minute. You said you had never had any claims.

my company for 20 years has never had any claim for damage mowing, and we do not yet snow plow, this is why i asked about a plow contract. The company i worked for prior to this was what i saw happen from customers. Boy, you are all so suspicious, no wonder people tend to stay away from this forum. Always questioning, always pointing the finger, always accusing. Sorry bunch. Should all get a real job.

 

[Zigner]

my company for 20 years has never had any claim for damage mowing, and we do not yet snow plow, this is why i asked about a plow contract. The company i worked for prior to this was what i saw happen from customers. Boy, you are all so suspicious, no wonder people tend to stay away from this forum. Always questioning, always pointing the finger, always accusing. Sorry bunch. Should all get a real job.

Have you ever heard the phrase "garbage in, garbage out"? In this case, it's applicable. You're not getting answers that match your situation because you've done a terrible job at presenting your situation. In your first post, you state that your company does mowing and snow plowing (Small service business in Illinois, lawn care and snow plow of residential properties), yet now you say that you haven't started plowing yet. What else do you actually think people would infer from your "garbage in" post?