Virginia Code § 11-4.1 Explained: What Snow Contractors Need to Know in 2026
Published: December 1, 2025 • 15 min read
Last winter, a Richmond contractor learned the hard way that his "standard" indemnification clause was worthless. The property owner demanded he cover their legal fees after a slip-and-fall, pointing to the contract. The court threw it out in under 10 minutes.
Virginia Code § 11-4.1 voids certain indemnification provisions in construction and maintenance contracts. Snow removal falls under maintenance. If you write contracts without understanding this statute, you're building on sand.
What the Statute Actually Says
Here's the exact language from Virginia Code § 11-4.1:
"Any provision in a construction contract...which requires one party to indemnify...another party from liability for damage arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of such other party...is against public policy and is void and unenforceable."
Translation: You cannot make a contractor pay for damages caused by the property owner's own negligence.
The statute extends to "the letting or performance of contracts for the...maintenance, or repair of structures, buildings, appurtenances, and appliances, including moving, demolition, and excavation connected therewith."
Snow removal is maintenance. Full stop.
The Four Scenarios Every Contractor Faces
When someone slips on ice at a property you service, liability breaks down like this:
Scenario 1: Contractor's Sole Negligence
What happened: You got the service call at 4 AM. You didn't show up until 10 AM. Someone fell at 7 AM on untreated ice.
Liability: Yours. The delay was your fault.
Does § 11-4.1 apply? No. This is normal contractor liability.
Scenario 2: Property Owner's Sole Negligence
What happened: Ice formed at 4 AM. The property manager saw it, didn't call you. Someone fell at 7 AM.
Liability: Property owner's. They had notice and didn't act.
Does § 11-4.1 apply? Yes. They cannot force you to indemnify them for their failure to call.
Scenario 3: Shared Negligence
What happened: They called you at 6 AM. You said you'd be there by 7 AM. You didn't arrive until 8 AM. Someone fell at 7:30 AM.
Liability: Potentially shared. They delayed the call; you delayed the service.
Does § 11-4.1 apply? Partially. They can't make you cover the portion attributable to their delay.
Scenario 4: Third-Party Negligence
What happened: You salted at 4 AM. A delivery truck tracked snow over the entrance at 6 AM. Someone fell at 6:15 AM.
Liability: Possibly the delivery company, or shared among all parties.
Does § 11-4.1 apply? Depends on how the contract assigns responsibility for monitoring conditions.
Why Henrico Contractors Get This Wrong
Most snow removal contracts circulating in the Richmond metro contain some version of this clause:
❌ VOID UNDER § 11-4.1:
"Contractor agrees to indemnify, defend, and hold harmless Client from any and all claims, damages, losses, and expenses arising out of or related to snow removal services, including claims resulting from Client's acts or omissions."
That last phrase kills it. "Including claims resulting from Client's acts or omissions" is void.
You cannot agree to cover someone else's negligence. Virginia law won't enforce it.
How to Write Enforceable Indemnification Clauses
Here's language that actually works under Virginia law:
✅ ENFORCEABLE UNDER § 11-4.1:
"Contractor agrees to indemnify Client for claims arising solely from Contractor's negligent performance of snow removal services, provided such claims do not arise from Client's sole negligence or willful misconduct."
This carves out the property owner's own negligence, which § 11-4.1 requires.
The key difference: "arising solely from Contractor's negligent performance" limits indemnification to your actual fault.
The Unifirst and Uniwest Cases
Two Virginia Supreme Court decisions shape how contractors must think about indemnification: Unifirst Corp. v. Briarcliffe (2018) and Uniwest Construction v. Amtech Elevator Services (2013).
Uniwest involved an elevator service contract with a broad indemnity clause. The court ruled that § 11-4.1 applies to maintenance contracts, not just new construction. Snow removal is maintenance. End of debate.
Unifirst dealt with a uniform service company that had an indemnification clause in its service agreement. The court clarified that even service contracts can trigger § 11-4.1 if they involve maintenance of building appurtenances.
Parking lots, sidewalks, and loading docks are building appurtenances.
What This Means for Your Insurance
Your general liability policy covers your negligence. It doesn't cover the property owner's negligence.
If you sign a contract with an illegal indemnification clause (one that violates § 11-4.1), your insurance carrier might refuse to defend you if the property owner files a claim under that clause.
Why? Because the clause asks you to cover something that's not an insurable risk under your policy.
Always send contracts to your insurance agent before signing. Most carriers have legal teams that review contracts for exactly this issue.
Documentation Saves Contractors
If § 11-4.1 means you can't hide behind broad indemnification clauses, what protects you?
Evidence.
When someone claims you were negligent, you need proof you weren't. That means:
- GPS-tracked service logs showing when you arrived and departed
- Timestamped photos of conditions before and after service
- Weather data from NOAA or Weather Underground
- Application rate logs for salt and de-icer (how much, where, when)
- Communication records showing when the property owner called for service
- Service contracts with clear trigger points and response times
Last winter, a Chesterfield contractor beat a slip-and-fall claim because his GPS logs showed he'd serviced the lot 45 minutes before the incident. The property owner claimed he hadn't shown up. The GPS data proved otherwise.
The case settled for nuisance value instead of going to trial.
Richmond-Specific Complications
Richmond City Code Sec. 24-34 requires property owners to clear sidewalks within 6 hours of snowfall ending. That's a legal duty on the property owner, not the contractor (unless the contract specifically assigns it).
If a property owner fails to call you within a reasonable time to meet that 6-hour deadline, that's their negligence. § 11-4.1 protects you from having to indemnify them for missing a legal obligation they control.
But if your contract says "Contractor is responsible for monitoring weather conditions and initiating service without a call from Client," you just assumed that duty. Now it's on you.
Contract language matters.
What About Additional Insured Endorsements?
Property owners often ask to be named as "additional insureds" on your liability policy. That's different from indemnification.
An additional insured endorsement gives the property owner direct access to your insurance coverage if they're sued alongside you. It doesn't violate § 11-4.1 because it's not asking you to cover their negligence. It's giving them coverage under your policy for your negligence.
Most carriers will add property owners as additional insureds for $25 to $50 per location. It's cheaper than fighting over contract language.
The Three Contract Clauses You Need
Instead of broad indemnification, use these three provisions:
1. Limited Indemnification
"Contractor indemnifies Client for losses arising solely from Contractor's negligent performance, excluding any claims arising from Client's negligence or failure to request timely service."
2. Duty to Defend
"Contractor agrees to defend Client against claims alleging Contractor's negligence, at Contractor's expense, provided Contractor retains the right to settle or litigate as Contractor determines appropriate."
3. Insurance Requirements
"Contractor maintains general liability insurance with minimum limits of $2,000,000 per occurrence and agrees to name Client as additional insured for covered claims."
Frequently Asked Questions
Can I waive § 11-4.1 protections in my contract?
No. The statute declares such provisions "against public policy." That means even if you agree to waive it, Virginia courts won't enforce the waiver. It's void whether you knew about it or not.
Does § 11-4.1 apply to residential snow removal?
Yes. The statute doesn't distinguish between commercial and residential properties. If you're performing maintenance work under a contract, § 11-4.1 applies.
What if my client insists on a broad indemnity clause?
Explain that Virginia law voids it. Show them this statute. If they still insist, walk away. You're signing a contract that creates a false sense of security for both parties. When a claim happens, the clause will be struck down and you'll both be fighting over who knew what.
Does this apply to subcontractors I hire?
Yes. If you hire a subcontractor and your agreement with them contains an illegal indemnity clause, it's void. You can't force your subs to cover your negligence any more than a property owner can force you to cover theirs.
Can I limit my liability to the contract amount?
Generally yes, with proper language. Liability caps are separate from indemnification and aren't governed by § 11-4.1. But talk to a lawyer before adding a cap. Some courts have ruled that caps aren't enforceable for gross negligence or intentional acts.
What Changes in 2026?
Nothing in the statute itself.
But insurance carriers are getting smarter about reviewing contracts. Expect more pushback from your insurance company if you submit a contract with broad indemnity language. Some carriers now require you to submit contracts for pre-approval before binding coverage.
The Virginia ASLA (Associated Landscape Contractors of Virginia) updated their model snow removal contract in late 2025 to comply with § 11-4.1. If you're using an old template from 2020 or earlier, update it.
The Bottom Line for Richmond Contractors
Virginia Code § 11-4.1 exists to prevent powerful parties from forcing weaker parties to assume unlimited liability. In snow removal, property owners often have more bargaining power than contractors.
The statute levels the field.
You're responsible for your negligence. They're responsible for theirs. Nobody gets to contract out of liability for their own screwups.
Write contracts that reflect this reality. Document your work obsessively. Carry proper insurance. Name clients as additional insureds when asked.
And when a property manager hands you a contract with a broad indemnity clause, cross it out and write in compliant language. If they won't accept it, you just learned something about that client.
Need a Contract Review?
Evergreen Plowing offers complimentary contract reviews for Richmond-area property managers and contractors. We'll identify § 11-4.1 issues and suggest compliant language.