S1370 — An Act relative to snow removal service liability limitation

Summary

An Act relative to snow removal service liability limitation

Bill Text

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This bill introduces new definitions and provisions related to indemnification in snow removal and ice control services contracts, declaring certain indemnification clauses void as against public policy.

• Chapter 149, Section 29C

  Section 29C1/2. (a) As used in this section, the following terms shall have the following meanings:- "Service provider”, a person providing services under a snow removal and ice control services contract. "Service receiver", a person receiving services under a snow removal and ice control services contract. "Snow removal and ice control services contract", a contract or agreement for the performance of any of the following: (1) plowing, shoveling, or other removal of snow or other mixed precipitation from a surface; (2) de-icing services; or (3) a service incidental to an activity described in item (1) or (2), including operating or otherwise moving snow removal or de-icing equipment or materials. (b) 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.

  This creates specific definitions and invalidates certain indemnification and hold harmless clauses in snow removal and ice control services contracts.

Sponsors

• Bruce E. Tarr · Primary

Subjects