Require Certain Terms for All Snow Removal Contracts

Whether you're negotiating your snow removal contract or approving your tenant's, the contract should:

Identify term of agreement and exact services to be performed. This includes which areas will be plowed; the minimum snow accumulation amount before plowing, sanding/salting, and/or shoveling will begin; if the plowing will begin automatically or only upon request from the owner/manager; the mixture (ratio) of sand to salt; the type of ice melt product that will be used; and the times that the plowing will be done (usually late evening/early morning).

It should also describe if “back-blading” will be done (that is, slowly lowering the plow blade into a pile of snow on the sidewalks, putting the truck's transmission into reverse, and pulling the snow off the sidewalk so that it can be easily plowed along with the rest of the parking lot). Use of this technique can significantly reduce sidewalk shoveling times and the associated expense, especially during a heavy blizzard.

State if there's a minimum charge for spreading sand and/or salt and under what conditions it will be applied. Too much sand or salt can result in large quantities being carried into the property from people's shoes, which can result in additional costs for cleaning and repairs to damaged flooring and carpeting. But applying too little sand or salt may not get rid of the snow and ice, which could result in slip-and-fall accidents.

List any charges for clearing sidewalks and building entrances, hand-shoveling, back-blading, or for the use of heavy equipment such as Bobcats or pay-loaders to remove large deposits of snow that cannot be adequately plowed to the designated areas for stockpiling on the property. Inadequate planning could quickly consume the property manager's snow removal budget.

Include a copy of the property's site plan, land survey, or at least a hand-drawn diagram of the property. Attach this to the contract as an exhibit and mention it within the contract. Indicate on the document the locations of all driveways (which can be difficult for a snowplow operator to see during a heavy snowfall), garbage containers, fire hydrants, all areas to be plowed, and where the snow should and should not be stockpiled. Be sure to describe any particulars about the property, such as the locations of speed bumps, the presence of wheel curbs in the parking spaces, maximum height clearances under the buildings, etc.

Note that, to avoid blocking mechanical rooms, utility meters, and emergency exits, make sure that appropriate warning signs are installed. And to protect against damages to storefronts, concrete curbs, decorative furniture, trees and shrubbery, fencing, manhole covers, underground utility vaults, cesspools, and sewage drains, make sure they are staked with brightly colored warning poles at least 4 feet high to indicate their location.

Include protections against erroneous invoices for services that were either not performed, were performed poorly, were not needed based on the existing weather conditions, or any other inappropriate charges. Make sure the contract identifies the official information source (that is, the name of the weather reporting service) that will be consulted to determine total snow accumulations, as these can vary widely from one reporting service to another. Also, have the contract state that the contractor must provide copies of such reports upon request at any time at no cost to the customer. This will help avoid disputes with the contractor that could lead to collection action, mechanics liens, and/or lawsuits for nonpayment of disputed charges.

Describe any special plowing instructions, including identifying any tenants that are open 24/7 or that must be serviced first thing in the morning (or repeatedly throughout the day) such as convenience stores, hospitals, medical clinics, pharmacies, and other service providers that will also be busy helping others during heavy snowfalls, such as heating oil companies, HVAC companies, and automotive towing companies or repair shops. Also, explain if any gates are locked, any other security measures that are in place, and how the contractor should obtain access to plow the property. Determine in advance if any keys, lock combinations, access cards, or passwords must be provided to the contractor or if any of its employees must first be granted security clearance or undergo criminal background investigations.

Require that all work must be done in a “workmanlike” manner according to standard industry practices, and that any deviations from the contract that will incur additional charges must be requested and approved in writing in advance. It should be cancellable in writing at any time if the property manager is not satisfied with the quality of service, and should state whether or not a prorated refund will be provided for prepaid annual contracts.