Beckman · Ogozalek · Paglione · Londar
Counsellors at Law

Paintworks Corporate Center, 7 Foster Avenue, Suite 201
Gibbsboro, New Jersey 08026

Toll Free: 844.BOP.6200
856.857.6262

WINTER STORM NEMO

While politicians and scientists argue about climate change and the cause of same, there is no question we are seeing storms increasing in intensity, including the recent historic blizzard known as Winter Storm Nemo.  When faced with a storm of such significant magnitude, it is not unlikely smaller snow and ice management companies will be unprepared and unable to fulfill contractual obligations.  There are many legal consequences to this situation.

If unable to fulfill a contractual requirement, it is extremely important you do not simply fail to do anything.  Steps you should take are discussed below.

A massive winter storm hits.  Your company is not prepared for the storm, and you are able to dispatch men to only 8 of the 10 sites you service.  You fail to perform any service at the other two sites, and the manager of those sites hires a new company to perform snow clearing and deicing.  You have now lost a customer, and damaged your company’s reputation.

An unexpected late season storm catches you by surprise, and your equipment is not ready to go.  You are not able to properly perform services with the equipment you have available, but you make the effort.  Your customer complains about inadequate service, and you lose the customer.

The magnitude of a winter storm prevents you from securing help from subcontractors whom you expected to be available. You are unable to properly staff the job and the job takes twice as long as normal.  Your customer presents complaints about the length of time it takes you to clear the parking lot, and your customer eventually finds a new company to perform snow clearing and deicing services.