Colorado § 13-21-129 - Snow removal service liability limitation - exceptions - short title - definitions.

§ 13-21-129. Snow removal service liability limitation - exceptions - short title - definitions.

(1) This section may be cited as the "Snow Removal Service Liability Limitation Act".

(2) As used in this section, unless the context otherwise requires:

(a) "Public utility" has the same meaning as set forth in section 40-1-103.

(b) "Service provider" means a person providing services under a snow removal and ice control services contract.

(c) "Service receiver" means a person receiving services under a snow removal and ice control services contract.

(d) "Snow removal and ice control services contract" means a contract or agreement for the performance of any of the following:

(I) Plowing, shoveling, or other removal of snow or other mixed precipitation from a surface;

(II) Deicing services; or

(III) A service incidental to an activity described in subsection (2)(d)(I) or (2)(d)(II) of this section, including operating or otherwise moving snow removal or deicing equipment or materials.

(3) A provision, clause, covenant, or agreement that is part of or in connection with a snow removal and ice control services contract is against public policy and void if it does any of the following in the instance where the service provider is prohibited, by express contract terms or in writing, from mitigating a specific snow, ice, or other mixed precipitation event or risk:

(a) Requires, or has the effect of requiring, a service provider to indemnify a service receiver for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees;

(b) Requires, or has the effect of requiring, a service receiver to indemnify a service provider for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees;

(c) Requires, or has the effect of requiring, a service provider to hold a service receiver harmless from any tort liability for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees;

(d) Requires, or has the effect of requiring, a service receiver to hold a service provider harmless from any tort liability for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees;

(e) Requires, or has the effect of requiring, a service provider to defend a service receiver against any tort liability for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees; or

(f) Requires, or has the effect of requiring, a service receiver to defend a service provider against any tort liability for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees.

(4) This section does not apply to the following:

(a) Contracts for snow removal or ice control services on public roads or with public bodies;

(b) Contracts for snow removal or ice control services with a public utility;

(c) Deicing services or ice control services provided at a municipal or county airport, an airport under the jurisdiction of a public airport authority created under the provisions of article 3 of title 41, or any other public airport, including contracts for services provided to commercial passenger and cargo airlines at such airports; or

(d) An insurance policy, as surety bond, or workers' compensation.

(5) This section does not affect any liabilities, immunities, or affirmative defenses arising under other law.

Source: L. 2018: Entire section added, (SB 18-062), ch. 328, p. 1967, § 1, effective August 8.