TAKE ONE
Gardener News Serving the Agricultural, Gardening and Landscaping Communities
November, 2015
GARDENERNEWS.COM
TAKE ONE No. 151
Snow Legislation Proposed to Nullify Hold-Harmless Agreements
Tom Castronovo/Photo
Vincent Ryan, left, owner and president of Bobcat of North Jersey; Jody Shilan, second from left, executive director of the New Jersey Landscape Contractors Association, Nelson Lee, third from left, vice president of the New Jersey Landscape Contractors Association; New Jersey State Senator Christopher “Kip” Bateman (R-16), third from right; Tom Canete, second from right, president of the New Jersey Landscape Contractors Association; and Patrick Barckett, director of sales and marketing for Bobcat of North Jersey. By Tom Castronovo Executive Editor There’s a call to action for Garden State snow and ice contractors to show their support for the adoption of Senate Bill 3121. New Jersey State Sen.
Christopher “Kip” Bateman (R-16) joined the New Jersey Landscape Contractors Association (NJLCA) for their annual snow and ice management meeting at Bobcat of North Jersey in Totowa, Passaic County, on October 8 to discuss Bill S3121, which he recently
sponsored using NJLCA language. The 160 snow contractors and ice managers that were in attendance are in support of the bill. This S3121 prohibits snowplow or de-icing service contracts from indemnifying promisees against liability for loss or damage in
certain instances, relieving contractors of some of the liability from slip-and-fall suits in the case of snow and ice management. This bill makes void and unenforceable any provision, clause, covenant, or agreement contained in, collateral to, or affecting a snowplow or de-icing service
contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligent, intentional acts, or omissions of the promise.