Most snow contracts are sold one of two ways: the client pays each time you plow, or the client pays a fixed price for the season. Contractors usually compare the two on revenue. It is just as important to compare them on liability, because the contract type shapes when you are expected to be on site and what a court or insurer will look at after someone falls.
General information only, not legal or insurance advice. For a specific contract, speak with a lawyer and your broker.
How Each Contract Type Works
Per Push or Per Occurrence
You bill each time service is performed. A per push contract usually sets a trigger depth: the amount of snow that sends your crews out. SIMA defines trigger depth as "the agreed upon measurable amount of accumulated snow or ice wherein snow and ice management services will be dispatched."
A close cousin is the per event contract, where you are paid once for each storm that reaches the trigger, however many passes it takes.
Seasonal
The client pays a fixed amount for the whole winter, regardless of how many storms arrive. The contract usually describes a service level: what the site should look like and how quickly after snowfall. SIMA describes service levels as "a description of the expected outcome(s) on a site or set of sites from the completed performance of snow and ice management services."
Side by Side
| Question | Per Push or Per Event | Seasonal |
|---|---|---|
| When are you paid? | Each service or event | Fixed amount, often in instalments |
| Who carries weather risk? | Mostly the client | Mostly the contractor |
| What sends crews out? | Trigger depth, if defined | Service level and response times |
| Main liability question | Did you respond when the trigger was reached? | Did you meet the promised service level? |
| Records that matter | Snowfall, dispatch and service times | The same, plus proof the service level was met |
Where the Liability Differences Come From
Triggers Can Create Gaps
A trigger depth defines when you are dispatched. It also defines when you are not. If light snow or freezing rain falls below the trigger and someone slips, the question becomes who was responsible for that condition. A contract that is clear about below trigger conditions, and about who decides to salt, helps everyone. SIMA has argued that fixed trigger depths are "outdated and often counterproductive, especially when it comes to salt applications," which is worth knowing when you draft or negotiate.
Service Levels Set the Standard You Will Be Judged Against
A seasonal contract that promises bare pavement within a set time after snowfall sets a clear standard. If a claim arises, your logs will be compared against it. Promise only what your equipment and crew can deliver in a bad storm, not an average one.
Scope Matters in Both
Whatever the price model, the contract should say exactly which areas you service. In Burley v. City of Ottawa, 2024 ONSC 5018, a tenant fell on the municipal sidewalk next to her building. The owners' contractor cleared the lot and walkways but not the city sidewalk, and the claim against the owners was dismissed because they had no duty to maintain the public sidewalk. Clear scope helps everyone understand who is responsible for what.
Courts also expect injured people to look for the contractor. In Ali v. City of Toronto, 2020 ONSC 5888, the plaintiff's late motion to add a winter maintenance contractor was denied for lack of due diligence, and the court said snow and ice on a city sidewalk "should have caused the plaintiff or her counsel to inquire into the existence of a winter maintenance contractor."
Insurance Points for Either Contract Type
- Declare all of it. Your broker needs your total revenue, number of sites and the services you perform. A seasonal contract is still exposure even in a light winter.
- Salting is its own exposure. If you salt, whether per application or as part of a seasonal price, make sure it is disclosed. See salting and sanding insurance.
- Claims can arrive after you leave. Refreeze and meltwater claims tie into completed operations coverage.
- Ontario notice rule. For injuries caused by snow or ice on private property in Ontario, written notice must be served within 60 days on the occupier or on a snow contractor the occupier hired. If you receive one, forward it and tell your insurer right away. See the Ontario 60 day notice rule.
- Match the contract to your policy. Limits, additional insured wording and indemnity clauses appear in both contract types. See snow removal contracts and insurance.
Which One Is Right for Your Business?
That depends on your cash flow, your equipment and your appetite for weather risk. Many contractors carry a mix: seasonal contracts for steady revenue and per push work for flexibility. From an insurance standpoint the key is the same either way: write down what you will do, do it, and record that you did it. For the pricing side, see how to price snow removal contracts. For documentation, see our snow log template.
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Sources
- SIMA-10-2020 Standard Practice for Procuring and Planning Snow and Ice Management Services
- SIMA: Triggered
- Rogers Partners: Burley v. City of Ottawa
- Rogers Partners: Ali v. City of Toronto
- Legislative Assembly of Ontario: Bill 118
Frequently Asked Questions
Is a seasonal snow contract riskier than per push?
Not automatically. Seasonal contracts put more weather risk on the contractor and usually set a service level you will be judged against, while per push contracts raise questions about conditions below the trigger. The wording matters more than the label.
What is a trigger depth?
SIMA defines it as the agreed measurable amount of accumulated snow or ice at which snow and ice services will be dispatched.
Does my insurance change if I switch from per push to seasonal?
The contract type itself is less important to an insurer than your revenue, sites, services and contract terms. Tell your broker about any change in how you work.
Who is responsible for ice below the trigger depth?
It depends on the contract. Contracts that clearly say who monitors and treats below trigger conditions reduce disputes.