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09/23/2020 01:38 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20150&cosponId=20422
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House of Representatives
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: June 16, 2016 03:18 PM
From: Representative Thomas P. Murt
To: All House members
Subject: Snowplow and De-icing Services Contract Liability Limitation Act
 
In the near future, I plan to introduce legislation to re-establish basic fairness in contracting, in a particular area that affects many Pennsylvanians. Specifically, the legislation will do so by nullifying certain indemnity clauses in snow removal contracts.

These clauses, which are often called “hold harmless” agreements, are features of a contract that are designed to release one of the parties to the contract from legal claims. Generally, one party agrees not to sue the other party for any expenses, damages, or losses arising from a transaction or activity between the two parties – regardless of who is at fault. The net effect of hold harmless agreements on the professional snow and ice management industry is that liability insurance rates have gone through the roof. Not only is that unfair, but the increased cost of doing business is passed on to the customer, which is bad for all Pennsylvanians. My bill simply places the liability with the appropriate party. If the property owner or manager is at fault, then he is liable; if the snow contractor is at fault, he is liable.

Please join me in sponsoring this important, business-friendly legislation.



Introduced as HB2195