On May 30, 2018 Governor Hickenlooper signed Senate Bill 18-062 known as the “Snow Removal Service Liability Limitation Act.” This new statute is directed at entities both providing services under a snow/ice removal contract, as well as those that receive the services.
In sum, this Act abolishes agreements or clauses in a snow/ice removal contract that requires indemnity, hold harmless and defense requirements by the service provider or service receiver’s own acts or omissions. No longer can a service provider or service recipient transfer responsibility for their own acts or omissions to the other party.
This Act abolishes as against public policy:
1) Any agreement or provision of an agreement that requires indemnity by the service provider to the service recipient, or similarly, the service recipient to the service provider, for its own acts or omissions;
2) Any agreement or provision in an agreement that requires a service provider to hold harmless the service recipient, or similarly, the service recipient to hold harmless the service provider, for its own acts and omissions;
3) Any agreement or provision of an agreement that requires a service provider to defend a service receiver against any tort liability for damages, and similarly, the service receiver being required to defend a service provider against any tort liability for damages, resulting from its own acts or omissions.
This Act is not applicable to contracts for snow/ice removal services on public roads, or with a public utility, for services provided to a municipal or county airport, an insurance policy as a surety bond, or workers’ compensation insurer.
This Act will become effective on August 8, 2018 absent any procedural circumstances. This Act will apply only to contracts entered on or after August 8, 2018.
Please feel free to call or send a note if you have an questions or would like to discuss this matter. I’ll be glad to assist. I can be reached at: