“Snow and adolescence are the only problems that disappear if you ignore then long enough.” - Earl Wilson

It is inevitable that the leaves will fall, the tree limbs become barren, the Halloween candy will have been eaten, and the Thanksgiving preparations made, leaving nothing left to distract condominium boards of directors from the task of preparing for winter. That means the annual snow removal contract.

Since you can’t ignore snow at your condo association, I thought it might help to give some thoughts on what to expect from your snow removal contractor.

Much like landscaping contracts, most board members simply sign the contract delivered to them by their favored snow removal contractor. That can be a mistake.

Here are some of the items that should be in your contract and things to consider for the contract.

• Make sure the contract requires the snow removal contractor to carry (and to provide proof to the Association of) both general liability insurance and workers compensation insurance.

• Personnel shall be properly trained and otherwise qualified to perform all tasks. You don’t want someone who has never operated a snow blower to be experimenting on your walkway, leaving an ice patch behind.

• The contractor should provide supervision to oversee all operations, so the contractor can’t dump personnel at your Association and go to a higher paying association.

• Set a date by which they have to walk the property with a board member or manager in the fall to agree on what needs to be done.

• At that meeting have the contractor note where the property will be staked so they can get as close to the curb/ lawn, edge of pavement as possible without going too far and digging up the lawn.

• Require the contractor to meet up to twice with the board, in case concerns arise.

• It’s hard to say what time a contractor should be on site, as snow falls when the weather dictates, not when you want it to. So you might want to work backwards. Clearly people do not all leave for work during a snowstorm. But some do. For those unfortunate souls, have language in your contract that the driving lanes will all have been opened up to allow passage to the nearest public street by 7:00 a.m.

• For those who may work other than ordinary hours, consider having a provision that notes the contractor has to be on site every 3” or 4” throughout the storm to ensure owners can get out … or in.

• Contractors don’t only plow your association, so don’t expect the contractor to simply be on site and have everything plowed, cleared, sanded and salted at the end of the storm. Rather, let them know you understand they have multiple places to plow and perhaps require that if the storm was 10” or less, the driveway, lots and walkways will be cleared to full width within eight hours. For more than10”, twelve hours.

• Require them to place a sand/salt bucket on each entryway or porch in November and remove it by the end of April.

• Be patient. It’s hard to get help these days, and harder to keep help for snow removal contractors. There aren’t too many people who want to get up at 3 a.m. to go plow and then stand in freezing, windy weather and snow blow and shovel off entryways. I would hazard a guess that the number of employees who stay on for an entire season is less than fifty percent.

• Do not require them to shovel off the entirety of stoops and porches and decks unless you want your condo fees to skyrocket. Rather, have the contract read these areas are to be clear to ensure the doors open a full ninety degrees.

• During a storm, it is imperative that cars be parked in parking spaces and not left on the roadways as this will greatly hamper or block the snow removal work.

• Create a policy that notes if any cars are on the road or other than in designated parking spaces, tow them. Contractors don’t like it as they can’t make a clean sweep of the parking area, are tired from having been up all night and it increases damages, not to mention the complaint of the person now plowed in. Tow any offending vehicles. Don’t make exceptions. Towing them once, at the start of the season, will help ensure it doesn’t happen for the rest of the winter season. Let the contractor know the car is being towed. S/he will appreciate it, and you’ll get better service.

• Make sure the contract reads either they will be paid after the completion of work done for the month, but will receive payment no later than the last day of the month, or have them paid in full on the 15th of the month for the work currently being done. Every contract I have ever seen, because it is written by the contractor and not the board of directors, has language that requires you to pay them up front on the first of the month, and if not done, they won’t appear on site until paid. Avoid that contractor.

• Most contracts require payment November through April. That’s fine, but make sure the contract reads that the last payment is held back until the board or management walks the grounds with the contractor to agree on what repairs have to be made, such as dug up lawns.

• Have a 30 day out clause, for either party, without cause, so if the contractor fails to live up to the terms of the contract, and you can find another contractor to step in, you can let a poorer performing one go for a better performing one.

And remember, spring is coming. Just not for awhile.

Attorney Robert E. Ducharme is a former teacher whose civil practice is limited to condominium law, primarily in Rockingham and Strafford counties. He can be reached at red@newhampshirecondolaw.com and Ducharme Law, P.L.L.C., found at www.newhampshirecondolaw.com.

This article originally appeared on Portsmouth Herald: Condo Column: Snow contractor contracts