Why Your Standard Snow Removal Contract Might Be Void in Virginia
Published: November 15, 2025 • 5 min read
If you're a commercial property manager in Virginia, that standard snow removal contract you're about to sign might contain a clause that's legally unenforceable. Understanding Virginia's anti-indemnification statute could save you from a false sense of security.
The Anti-Indemnification Statute: Virginia Code § 11-4.1
Virginia law contains a powerful protection for property owners that many people don't know about. Virginia Code § 11-4.1 declares certain indemnification provisions in construction and maintenance contracts to be void and unenforceable.
What the Law Says:
"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."
What This Means for Snow Removal Contracts
Many property managers assume they can simply hire a snow removal contractor and transfer all liability for slip-and-fall claims to that contractor. This is not true in Virginia.
If a slip-and-fall occurs because:
- The contractor failed to plow or de-ice properly (contractor's negligence), you can likely hold them liable.
- You failed to call the contractor in time (your negligence), the contractor cannot be forced to indemnify you.
- Both parties share fault (comparative negligence), liability will likely be apportioned accordingly.
The key takeaway: You cannot contractually transfer liability for your own negligence to your snow contractor in Virginia.
The Uniwest Case: A Cautionary Tale
In Uniwest Construction, Inc. v. Amtech Elevator Services, Inc., the Virginia Supreme Court strictly interpreted this anti-indemnity statute. The court made clear that Virginia public policy strongly disfavors allowing parties to contract away liability for their own negligence in construction and maintenance agreements.
What Property Managers Need to Do Instead
Since you cannot contractually eliminate your liability exposure, focus on risk mitigation instead:
1. Hire a Qualified, Insured Contractor
Look for contractors with:
- SIMA (Snow & Ice Management Association) certification
- ISO 9001 or SN 9001 quality management certification
- Substantial liability insurance (minimum $2M recommended)
- GPS tracking and service documentation capabilities
2. Establish Clear Communication Protocols
Your contract should specify:
- When and how you will trigger snow removal services
- Response time requirements
- Quality standards and acceptance criteria
- Documentation and reporting requirements
3. Maintain Proper Documentation
In the event of a claim, documentation is critical:
- Time-stamped service requests and contractor responses
- GPS-tracked service logs
- Before and after photos
- Weather data and forecasts
- Material application rates and locations
The Bottom Line
Virginia law requires shared responsibility between property owners and snow removal contractors. You need a partner who understands this legal landscape, not just a vendor who will sign a contract.
Need a Snow Removal Partner Who Understands Virginia Law?
Evergreen Plowing provides GPS-tracked documentation, real-time communication, and certified professional service designed to protect both parties.
View Commercial Services →Disclaimer: This article is for informational purposes only and does not constitute legal advice. Property managers should consult with qualified legal counsel regarding their specific contractual and liability issues.