The Snow Removal Service Liability Limitation Act became effective August 25, 2016, and eliminates certain common contractual remedies of associations. As a result, certain indemnity agreements are void.

A provision 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:

• 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.
• 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.
• 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.
• 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.
• Requires, or has the effect of requiring, a service provider to defend a service receiver against any tort liability for damages resulting from the acts or omissions of the service receiver or the service receiver’s agents or employees.
• Requires, or has the effect of requiring, a service receiver to defend a service provider against any tort liability for damages resulting from the acts or omissions of the service provider or the service provider’s agents or employees.

This Act applies to snow removal and ice control service contracts entered into on and after August 25, 2016. This Act does not apply to an insurance policy, and does not affect any liabilities, immunities, or affirmative defenses arising under other law.  Associations should have their proposed snow and ice removal contacts reviewed by counsel, in order to see what changes can be made to level the playing field.

Kovitz Shifrin Nesbit is available to provide this legal service. Feel free to contact our law firm at 855-537-0550 or visit our website at www.ksnlaw.com.