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.

Motor vehicle crashes at work zones are something we deal with every day. 

In the roadway safety infrastructure industry, we are plagued by the hazards posed by distracted, fatigued, aggressive and impaired motorists traveling through our work zones. Not only are these motorists hazardous to our crews with boots on the ground, but they also pose a danger to other motorists. 

While we work to protect our employees, co-workers and the motoring public, we must also keep in mind that motor vehicle accidents in work zones are expensive and that carrying the proper insurance can be the difference between the longevity of a business and the shuttering of its doors.  

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.