1. Contractual Indemnity 101
Snow Removal Contracts and
Contracts in General

2. I. Introduction
Hortica Background
Robert Fitch/Rawle & Henderson

3. II. Before the Job (Storm) – The Contract
A. Why a written agreement?
Sets out the defined obligations of the parties, achieves a meeting of the minds
2. Answers all questions before they are asked (in a claim scenario)
3. Avoids word versus word situations

4. II. Before the Job (Storm) – The Contract
Contract Contents
Specific scope of work to be performed
Specific triggers indicating when and what type of services are to be performed
3. Define what you are not going to do
4.. Hold-harmless/indemnity provisions

5. II. Before the Job (Storm) – The Contract
B. Contract Contents (cont.)
3. Hold-harmless/indemnity provisions
Explanation
Trying to transfer risk of loss
Some risks would be those of the property owner
iii. Insured does not have control over all risks, same risks which could require indemnity from the insured

6. II. Before the Job (Storm) – The Contract
B. Contract Contents (cont.)
Hold-harmless/indemnity provisions
Unintentional exposure arising out of poor language
Uninsured exposures (contract, workmanship, etc.)

7. II. Before the Job (Storm) – The Contract
B. Contract Contents (cont.)
3. Hold-harmless/indemnity provisions
c. Examples
i. The Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Owner, its officers, directors and employees (collectively, Client) against all damages, liabilities or costs, including reasonable attorney’s fees and defense costs, to the extent caused by the Contractor’s negligent performance of services under this Agreement and that of its subcontractors or anyone for whom the Consultant is legally liable

8. II. Before the Job (Storm) – The Contract
B. Contract Contents (cont.)
3. Hold-harmless/indemnity provisions
c. Examples
i. The Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Contractor, its officers, directors, employees and subcontractors (collectively, Contractor) against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the Owner’s negligent acts in connection with the premises and the acts of its contractors, subcontractors or consultants or anyone for whom the Owner is legally liable

9. II. Before the Job (Storm) – The Contract
B. Contract Contents (cont.)
3. Hold-harmless/indemnity provisions
Examples
i. Neither the Owner nor the Contractor shall be obligated to indemnify the other party in any manner whatsoever for the other party’s own negligence or for the negligence of others

10. II. Before the Job (Storm) – The Contract
B. Contract Contents (cont.)
3. Hold-harmless/indemnity provisions
Examples
ii. The Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Owner against damages, liabilities and costs arising from the negligent acts of the Contractor in the performance of professional services under this Agreement, to the extent that the Contractor is responsible for such damages, liabilities, and costs on a comparative basis of fault between the Contractor and the Owner. The Contractor shall not be obligated to indemnify the Owner for the Owner’s own negligence or for the negligence of others

11. II. Before the Job (Storm) – The Contract
4. Defined term of the contract (e.g. term of months, year)

12. III. On the Job
Awareness of Jobsite
Warnings/signals on Vehicles

13. IV. After a Claim Immediate Contact Photos, necessary information
Collect all logs and information relevant to the project

14. Questions?? Questions or comments? Future topics – email

15. Contact Information
Hortica
Ph:
Fx:
Robert Fitch, Rawle & Henderson LLP
Ph:
Fx: