A Brief Introduction About the Snow Plowing Contract
Snow Plowing Contract is required when you need to engage the services of a professional snow removal contractor.
You will be billed on a monthly basis according to the services provided. The basis of invoicing shall be the time and materials involved. The rate per hour is calculated. The hiring charges for the equipment for cleaning the snow are also included in the contract.
Normally, the services provided by the contractor include salting and plowing the parking areas in proximity to the client, the entire driveway, roads leading to the client’s home and the sidewalks. It should be noted that if the contractor has to work on holidays or after normal working hours, then overtime fees will be applicable.
The contractor is not an employee of the client and works independently. It is the duty of the contractor to make timely payment of wages, taxes and other ancillary costs. If the contractor wishes to assign the work to another party, then the approval of the client is required.
The contractor should be insured under the commercial liability insurance contract. The contractor is also indemnified against any loss or damage to the contractor barring willful misconduct on the part of the contractor or their representatives.
How Much Does Snow Removal Cost
The cost of snow removal contracts would depend on the length of your driveway, extras like sidewalks, equipment, response time and your location (some areas experience more snow). The snow removal pricing commercial aspect should be discussed before signing the agreement.
How to Get Snow Removal Contracts?
If you want more business, the best way to do it is through networking, always look and behave professionally, and make more bids for a snow removal services contract.
Who Takes the Snow Plowing Contract?
There are two parties to this contract. One is the client who requires removal and salting of the snow and the other is a professional contractor who specializes in the business of snow removal. This is a seasonal contract.
Purpose of the Snow Plowing Contract
Snowing impairs mobility and you need to ensure that you hire the services of a professional contractor who has experience in salting and plowing the snow.
The contractor will determine the scope of the work and accordingly quote the fee for removing and salting the snow. Since this is a seasonal job, you will need to get in touch with the contractor and get into a legally binding agreement for removal of snow as otherwise, the contractor will have no obligation to honour your request.
The terms of the contract clearly state the rights and responsibilities of both parties. The payment terms are also stated including the detailed nature of the task. The contract clearly mentions the payments to be made by the contractor, so the contractor cannot bill you for these expenses like wages and equipment hiring charges.
Contents of the Snow Plowing Contract
A commercial snow removal contract should include the following information:
- Names of the snow removal contractor and the client
- The effective date of the agreement
- Scope of work: Salting and plowing of specified areas
- Payment: Invoices shall include time and material, the hourly rates, equipment hiring charges
- Performance: This clause should define the scope of work, and the nature of its execution. It should also mention the area that the snow plowing contractor is hired to work on. The details of the timing, method, and location he will work during the contract must be outlined with reasonable certainty. Work should be completed within the deadline and overtime will be paid for holidays and working after normal hours
- Independent contractor: The independent contractor is not an employee of the client
- Assignment: Not permitted without client approval
- Insurance and liability: Commercial liability policy for the contractor
- Miscellaneous: Exclusions include natural calamity
How to Draft the Snow Plowing Contract?
While drafting the commercial snow removal contract, you may refer to snow plow contracts templates and modify them as required.
Here are some points you need to consider:
- Eligibility to participate: The client and the contractor should be over 18, of sound mind and not under coercion
- Fees for the contract: The basis of payment, whether it will be made hourly or a flat rate
- Other charges: Payment of wages and equipment hiring charges will be the contractor’s responsibility
- Terms of the contract: The terms of the contract should benefit both the contractor and the client
- Dispute resolution clause: Whether the dispute will be resolved through arbitration or litigation, sharing of attorney fees, and jurisdiction of the case
- Termination of contract: Can be done prematurely after sending a notice
- Governing law: Contract should follow the laws of the state
- Signature: A page should be reserved for signatures of both parties
- Property Owner Obligations: The property owner will be responsible for supervising and inspecting premises. Any work done throughout the course of the contract, is deemed to have been done at the behest of the property owner unless mentioned otherwise. He shall be responsible for the work done on his premise, and any inspection conducted thereto
- Service Provider Obligation: The agreement should contain clauses that the snowplow contractor is not liable for any incidental damage caused to the property because of any snow melting or refreezing by the use of salt or any other melting agents as instructed by the property owner.
- Grievance Redressal: The agreement should specify the grievance timeline within which the property owner can raise complaints. In a snow plow contracts templates, you could specify a duration of 24 hours within which, if no complaint is received, the services are deemed to be satisfactory.
The client can make an offer to the contractor in a snow plowing contract and the contractor should study the scope of the work and make a counteroffer. The fee would depend on the time taken to complete the work, equipment hiring charges and wages to workers.
Benefits & Drawbacks of the Snow Plowing Contract
Here are the benefits of a snow plowing contract:
- Protection of interest: The interest of both the client and the contractor are protected
- Benefits for both: The client will get the snow removed on time and the contractor the full fee
- Minimization of disputes: With clearly stated responsibilities, possibilities of disputes are lower
- Legal remedies: If any party violates any clause, the other party can take legal action
These are the disadvantages of a snow plowing contract:
- No legal recourse: If any party fails to fulfil their contractual obligations, the other party cannot seek legal remedies without a written contract
- Cost of replacement: If the contractor decides to leave midway, then the client will have to find another contractor and pay extra charges
What Happens In Case of Violation?
In case of violation of a snow plowing contract, the client can seek money damages from the contractor and along with the charges of hiring another contractor to complete the job. If the contractor is found to be incompetent, then under restitution the contractor has to return whatever was given to them.
In case of fraud, the contract could be either cancelled under rescission(1) or a new contract drafted under reformation. In case of specific performance, the party violating the agreement has to fulfill the contractual obligations and money damages are not accepted.
Both the client and the contractor need to check all the clauses in a snow plow contract to ensure that no clause is unfair to either party. Clauses for termination, dispute resolution and the fee payment schedule should be clearly mentioned in the contract.