Snow and Ice Contractor Indemnification Bill Advances in Senate

Harrisburg -HB 1665 , the snow and ice contractor indemnification bill, was reported out of the Senate Judiciary Committee February 9 and is now on the Senate floor for a vote. That’s the good news. The bad news is that recent amendments to the bill significantly reduce the scope of the protection afforded to snow and ice contractors.

Background

It is common practice for large commercial interests (apartment complexes, shopping centers, etc.) that contract for snow and ice removal services to include clauses in the contracts that require that the snow and ice contractor indemnify and hold harmless the commercial interest for any lawsuits that emanate from snow and ice related accidents, even those which were the fault of the commercial entity. The initial language in HB 1665 made such indemnification clauses illegal and unenforceable, protecting the contractor from lawsuits in which they had no fault.

Recent Amendments Significantly Reduce Scope of Protection

Recent amendments to the bill, however, significantly reduce the scope of the protection provided to contractors. The bill now continues to allow such indemnification clauses in contracts. Such clauses, however, are not enforceable only if the commercial entity has “affirmatively directed” the contractor not to provide snow or ice removal services.

For example, if a shopping center calls their snow and ice contractor and tells them not to come out in response to a weather event, the contractor will be protected if there is a snow and ice related accident during or immediately after that event.

The bill is now on the Pennsylvania Senate floor waiting for a vote. If the bill passes the Senate, it will go back to the House which approved it in January, for concurrence with the Senate amendments.