Although snow removal may come to mind first when thinking about winter maintenance, ice management is often more important. Most slip and falls do not happen with a foot of snow on the ground. They happen on a thin sheet of ice. It is critical to know your responsibilities for detecting, removing and treating ice at every property you service. And it is even more critical for your responsibilities to be clearly spelled out in written contracts.

Detection

Contract language regarding the detection of ice must be clear about two points:

• the area for which the contractor is responsible
• whether the contractor has any obligation to monitor the property if no new precipitation has fallen.

Service area. The area that a contractor is responsible for should be clear to every person who reads the relevant contract. If a property has parking lots, sidewalks, walkways and stairs, the contract needs to be clear about where the contractor is obligated to work. Specificity is key.

The contractor should not assume that the customer has the same understanding of what terms mean as the contractor. Any terms describing the relevant area must be clearly and unambiguously defined by the contract to avoid any potential confusion.

Monitoring. Defining a contractor's responsibilities with respect to monitoring a property for ice is equally important. Ice often forms days after precipitation as a result of melting snowbanks, dripping gutters and spilling liquids.

Every contract should specify the exact conditions that trigger the contractor's responsibility to go to a site. If a contractor is required to go only after a certain amount of precipitation falls, the contract should clearly state that fact.

It is also critical that every contract state whether a contractor is obligated to monitor and/or inspect a particular property for icy conditions when there has not been any recent precipitation. If the contractor's obligation is not well-defined, it could result in a claim despite a slip and fall or other accident occurring weeks after the last precipitation.

Removal

Any contract should also be clear about the contractor's responsibilities with respect to ice removal. As anyone who lives in a colder climate knows, removing all ice from a property is often impossible. To the extent that a contract requires a contractor to "remove ice," such a requirement should clearly define when, how and from where.

Any language requiring a contractor to remove "all ice from the property" or using any similarly broad phrase should be avoided since satisfying such an obligation is often impossible given the many ways in which ice can form.

Treatment

Defining exactly how ice should be treated on a property is also critical. A contractor should not assume that every customer has the same understanding with respect to this issue. Some customers may want only sand to be used. Others may want salt to be used, but only in certain areas. Still others may not allow certain treatments (such as salt and/or brine) given local regulations or environmental concerns.

Customers vary widely in their knowledge, sophistication and expectations. It is critical that every contract specifies what type of treatment will be used, where it will be used, and when it will be used.

Defining the scope of a contractor's responsibilities with respect to ice management is crucial to protect the contractor. Contractors need to remember that if a slip and fall happens, the contract's language will be painstakingly analyzed by attorneys and insurance professionals. It is crucial that the relevant language be clear and easily understood by anyone reading the contract.

Brendan D. O'Brien is an attorney with Primmer Piper Eggleston & Cramer PC, based in Manchester, NH. Contact him at bobrien@primmer.com.