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By: Marc Finkel
Connecticut recently became the third state, joining Illinois and Colorado, to pass legislation prohibiting certain indemnity and hold harmless clauses within snow and ice management services contracts. An Act Concerning Snow and Ice Control Services Contracts (“the Act”) was signed into law by Governor Ned Lamont on July 12, 2019. The Act forbids a service receiver from including provisions within snow and ice removal contracts that: (1) requires a service provider to indemnify a service receiver for acts not required under the terms of a snow and ice removal contract; or (2) requires a service provider to hold a service receiver harmless for the acts or omissions of the service receiver or its agents or employees.
The Accredited Snow Contractors Association has championed the passage of this legislation and has advocated for the passage of similar legislation throughout the United States. Anti-indemnity legislation, such as the Act, has the anticipated benefit of ensuring that property owners and/or managers maintain adequate treatment for their roadways and sidewalks following a snow or ice event by forbidding the transfer of contractual defense and indemnity for the property owner or manager’s own negligence. Additionally, the Act could also help to lower insurance premiums for snow and ice removal contractors by limiting tenders of contractual defense and indemnity by property owners and/or management companies.
Josh Ferguson and Marc Finkel of Freeman Mathis and Gary will join Kevin Gilbride of the Accredited Snow Contractors Association to discuss the Act at ASCA Snow Academy: Operating Under the New Law on August 20, 2019 at the Hartford/Windsor Marriott Airport Hotel in Windsor, CT. We look forward to seeing you there.
For further information on the Act or for inquiries involving hospitality or premises liability law, please contact Marc Finkel at [email protected].