Legislative spotlight: snow removal liability bill signed into law Email

Senate Bill 062 (Snow Removal Service Liability Limitation) was signed into law on May 30th by Governor Hickenlooper. This model legislation was initiated by Accredited Snow Contractors Association (ASCA), and they hope to replicate it in more states.

Read the signed bill's final text.

This legislation specifically addresses hold-harmless agreements and indemnification language in snow and ice management contracts and disallows property owners from passing on their liability to a snow and ice management company.

"Unfortunately, this scenario happens all too often in our industry where a property owner insists on contract language that passes on any and all incidents, accidents and injuries related to snow and ice management to the contractor doing the work," says ASCA Executive Director Kevin Gilbride, who earlier this year testified in support of the bill before state legislators. "For example, the scope of work dictates the contractor may not commence plowing until there are two inches of accumulation on the pavement, and the property owner reserves the right to dictate when to apply salt. As a professional snow and ice management contractor, if you sign an agreement like this, then you are liable for any slip-fall incident on the property, even if there is only an inch on the ground and the property owner has not yet instructed you to salt."

ALCC worked with ASCA to help push this legislation through for Colorado. Kim Jewell of ALCC member Snow Management Services/GroundMaster was instrumental in the effort.

"This truly was a group effort on the part of a number of Colorado snow contractors who dedicated their time and resources over recent months for the successful adoption of this legislation," Gilbride says. "I'd be remiss if I didn't recognize Kim Jewell of Snow Management Services, who led the charge on the ground in Colorado; as well as Shanae Dix of CAM Services; Chad Lunde of Martinson Services; and Matt Harmon of Denver Commercial Property Services (DCPS); all who testified to get this bill passed."

It's important to note that the new liability indemnification applies only to snow management contracts signed after the effective date of the law--August 8, 2018. Previously signed contracts are not subject to the new rules. If you are negotiating contracts, it is recommended that you sign contracts on or after this date. For contracts already signed, you may want to seek legal counsel to learn how you might renegotiate the contract or otherwise ensure that the new law applies to your snow management contracts.

ALCC is also partnering with ASCA to host a seminar in Colorado in August to help snow and ice management companies understand what this legislation means to them and how they can most effectively operate under the new law. Additional details will be announced when they become available.

Read more in this issue of Colorado Green NOW:
NALP and Realtors partner to present remodeling report
Houzz study finds strong outlook for 2018

Colorado proclaims Pollinator Week 2018
Summary report available for 2018 Colorado legislative session