ATSSA’s Midyear Meeting features a panel on “Creating a Culture of Safety in the Workplace.”

Panelists include Doug Dolinar of Guidemark Inc., Kathi Holst of D2K Traffic Safety Inc., Chris Brookes of the Michigan Department of Transportation (MDOT) and Cameron Greene of ATSSA. Dave Krahulec of Horizon Signal Technologies will moderate.

The Midyear Meeting will be held Aug. 15-18 at the Loews Chicago O’Hare Hotel in Rosemont, Ill. Registration is now available. The hotel block closes July 24.

The overreaching contractual obligation to assume responsibility for another party beyond the extent of your own negligence or willful misconduct is unreasonable and a clear and present danger to the industry.  

I recently listened while an ATSSA member shared an experience, recounting the unsettling details of a lawsuit that altogether changed his approach to every project. For this member, had it not been for a negotiated settlement in exchange for a full release, a jury award would have easily exceeded the available limits of liability insurance and forced a sell-off of corporate assets. The hard-to-swallow reality of the matter was his involvement was simply a consequence of a far-reaching contractual obligation. 

The business survived with memory of the experience serving as an endless reminder to never again roll over for blanket contractual risk-shifting.

If the thought of negotiating a contract is intimidating, ATSSA’s free webinar on Nov. 8 can relieve that anxiety and provide tools to empower you.

“Leveling The Playing Field for Contractual Liability” will include a panel discussion and time for questions. Register now for the 1-hour webinar starting at 2 p.m. ET.

ATSSA members have either been unaware of or lacked confidence in their ability to negotiate changes to a contract. This has placed ATSSA members in a tenuous position, risking the solvency of their businesses and leading to significant increases in insurance costs.

The webinar panel includes perspectives from an attorney, an ATSSA contractor, an insurance expert, a risk manager and someone experienced in indemnification and waivers.

Subcontractors may be unaware they can review and negotiate subcontracts before signing them.

Negotiating can be as simple as "red lining" words to delete from the document or adding words or sentences.

Two important items that should be thoroughly reviewed before signing any subcontract agreement are the “scope of work” and “indemnification” clauses. The scope of work should be clearly defined and is usually one of the first paragraphs of the subcontract. 

Indemnity is a contractual obligation of one party to compensate for the loss incurred by another party due to the acts of a third party or one's own actions.