Snow Business, December 2017
GREEN BLACK RELIABILITY KEEPS THEM ON THE MOVE IN THE BLACK In the seven Kage plows weve owned we have not had any down time in the last five years NATE SJULSTAD OWNER Nate built his business on the idea that his equipment will be a factor in his success With a fleet of tractors traveling across four cities snow removal takes on a whole new meaning and our KAGE Snowplow Systems play an integral role in that success Follow our interview with GREEN BLACK go to www KageInnovation com GreenAndBlack GET OFF TO A GOOD START THIS SNOW SEASON VISIT A KAGE DEALER NEAR YOU OR CONTACT US DIRECT TODAY FOR MORE INFORMATION kageinnovation com 651 433 4628 www sima org snowbusiness DECEMBER 2017 SNOW BUSINESS 25 you should have one or more go to attorneys in the other jurisdictions Fee shifting In American courts there is a general rule that provides that each party pay its own legal fees even if the party is victorious An exception is when the contract provides otherwise The bigger party will always have a provision that requires the smaller party to pay all legal fees for claims where the smaller party loses Dont fall for it Insist that the provision be reciprocal If there is a lawsuit the losing party should pay the legal fees of the other party I almost never see the other side object to reciprocity Pay when paid Many GC contracts provide that if the GC is not paid by the customer the GC does not have to pay the subcontractor The GC is trying to spread the risk of non payment by the customer A subcontractor should first push back and ask that the provision be eliminated If the GC will not budge then at least make sure that the customer paying everything is not a condition of you getting paid anything If the customer pays the GC 50000 on a 100000 job 50 then at a minimum the subcontractor should be paid 50 of its fees Yet if you dont insist on clear wording you could find yourself getting nothing until the GC gets paid 100 To grow our business and sometime even to pay the bills we feel we have no choice but to accept terms even if grossly unfair Accepting risk is a reality of doing business That said be mindful and deliberate in accepting risks while ensuring that your insurance and finances are sufficient to cover them Your contract attorney can help you identify and modify key risk provisions Your insurance agent should also play a key role in reviewing your indemnification obligations and ensuring appropriate coverage when available Attorney Tom Marks specializes in business law and estate planning Contact him at tjm@ thomasjmarks com
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