Earlier this year, The Massachusetts House of Representatives introduced H.2369 -- An Act relative to prohibit contract provisions requiring subcontractors to assume liability for negligence of others. In short, it’s an all-encompassing piece of legislation that fulfills the same mission as the ASCA’s model legislation, namely prohibiting your clients from passing on their negligence through hold-harmless agreements and indemnification clauses. The difference with H.2369 is this legislation would cover all industries, not solely snow and ice management.
The ASCA has kept a watchful eye on H.2369, and this week returned to the Massachusetts State House to support the legislation, not only to ensure its legislative momentum, but to protect the interests of the professional snow and ice management industry in H.2369’s legislative language.
Mike Weiss, founder and president of Weiss Commercial Property Services, has championed H.2369 and maintains constant communication with state legislators on its progress. Last week, Weiss and myself visited 20 state senate and house offices to share our industry's message with state legislative representatives.
H.2369 has been assigned to the Labor and Workforce Development Committee. This is a joint committee with both state house and senate representatives. We stopped into each committee member’s office to educate and generate support. We also met with the office of the bill’s sponsor, State Representative Thomas A. Golden, Jr. (D-Lowell), and offered supporting statements for him to use to help pass H.2369. Finally, Weiss and I met with Senate Minority Leader Bruce Tarr (R-Gloucester). Senator Tarr was encouraged by the bill’s progress, and added he felt positive about the bill’s continued forward momentum.
If you are a Massachusetts snow and ice management contractor, please reach out to your elected representative and ask them to support H.2369 when it comes up for consideration.
CLICK HERE to find your elected representative in the Massachusetts House.
CLICK HERE to find your elected representative in the Massachusetts Senate