Help Property Manager Enforce Snow Procedures

In January’s feature article, “How to Address Snow Removal Services in Lease and Contracts,” we discussed what you need to know about hiring a good snow removal contractor. We also showed you how to draft lease terms that specify your and your tenants’ snow and ice removal obligations.

But to keep your property well maintained, reduce your liability for snow-related slip-and-fall accidents, and keep your tenants’ businesses running smoothly during winter, it’s not enough to spell out these terms in the lease and snow removal service contracts. It’s best to have your property manager prepare a snow response plan and ensure that all maintenance personnel are trained to follow it, urges commercial real estate expert Kevin M. Fogel.

Blocked refuse containers can result in sanitation violations and fines that are expensive and time consuming to fight; inaccessible utility rooms and meters can result in missed readings and/or additional service charges; and blocked emergency exits or fire hydrants can result in injuries or deaths.

Your property manager should also have a copy of the snow removal service contract. That way, it can familiarize itself with the terms that the contractor and it must follow. And give the manager these important tips for day-to-day supervision of the contractor and property:

Inspect the property during and immediately after a snowfall or ice storm to ascertain if it was plowed, sanded/salted, and/or shoveled as required to ensure that the proper service has been delivered.

Re-inspect the property after the temperature has risen and then fallen as that can cause refreezing of the melted snow, which can create slippery conditions. It’s helpful to take photographs and video to document any poorly performed services. CCTV surveillance video footage and still photos are great for this. Promptly document any deficiencies in writing since snow removal contracts often stipulate that this must be done within a certain period of time following the delivery of service or the contractor won’t be held liable. Also, provide the contractor with evidence such as photos, and any tenant complaints submitted via letter, emails, and voicemail messages.

Promptly review all invoices and verify the snow accumulations with the officially designated weather reporting service. Depending on the cost, it’s helpful for property managers to subscribe to the same weather reporting service so they can pull these reports at their convenience without bothering the contractor each time an invoice is received. Some subscriptions permit a one-time search of the snowfall database, while others provide unlimited access to that information.

Be on the lookout for inconsistently applied pricing such as being charged different prices for the same snow accumulation levels from invoice to invoice.