Contractors who are concerned about whether or not they have complied with their obligations in relation to worker’s compensation legislation should contact a Workplace Safety and Insurance Board representative. Article 5 also requires that the Contractor be able to show that it has sufficient Comprehensive General Liability insurance in place. Contractors who are concerned that their insurance coverage may not be appropriate should contact a knowledgeable broker in that regard.
Generally speaking, the parties to a snow maintenance contract expect the contractor to do only what he is being paid to do. With this in mind, Article 6 is structured so that the contractor will be potentially liable only if he breaches his contractual obligations or is negligent. Article 6 also limits the contractor’s liability to damages for personal injury or property damage.
As the indemnity clauses in Article 6 focus on the contractor’s performance of his work, it is extremely important that the Contractor’s work be clearly and accurately described in the contact. This occurs in Schedule A.
Articles 8 and 9
Articles 8 and 9 of the General Conditions should be read in conjunction with Article 3 of Schedule “A.” These Articles allow the parties to clarify what is perhaps the most confusing and troubling aspect of snow maintenance contracts: the Contractor’s obligations with respect to ice melting products.
First, the Contract forces the parties to decide which of them will be responsible to decide if, when and how ice melting products are to be applied. Pursuant to Article 3.1 of Schedule “A,” the Owner either gives unlimited discretion to the Contractor or retains the responsibility himself. (Article 3.1(A) or 3.1(B) of Schedule “A” should be struck out).
If Article 3.1(A) is selected, the Contractor assumes unlimited discretion and is obliged to monitor the weather in the vicinity of the premises and apply ice melting products as he believes is appropriate, applying the standards of the snow and ice maintenance trade. The Contractor can be liable for breach of Contract or negligence if he fails to do so. The Owner must pay the Contractor for whatever ice melting products the Contractor decides is appropriate.