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.

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 roadway safety infrastructure industry.  

Michael Capell of Brown & Brown 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 company’s available limits of liability insurance and forced a sell-off of corporate assets. The hard-to-swallow reality of the matter was that his involvement was simply a consequence of a far-reaching contractual obligation. 

The business survived, with the experience serving as an endless reminder to never again roll over for blanket contractual risk shifting. This member now fires back, many times successfully negotiating a narrowed responsibility that is fairly and appropriately aligned with his company’s presence on a project, something previously thought unachievable.

These circumstances are all too familiar and place high priority for the continued drive for awareness and education of the issues, contract review protocols and a push for legislative changes.

A new group of ATSSA members and volunteers has formed to assist members and will be presenting a webinar on Nov. 8 and a panel at the 2023 Convention & Traffic Expo in Phoenix.

Training and technology were identified as two important areas to address during this morning’s Roadway Worker Protection Summit, the kick-off event of ATSSA’s 51^st Annual Convention & Traffic Expo.

“Training is absolutely critical,” said Kathi Holst, a four-decade member of the industry, an ATSSA board member and president & CEO of RCMS in Naperville, Ill. “If we aren’t providing training … we are negligent.”

Holst was one of four panelists for the Summit, which addressed both prevention of work zone incidents and resources for use if the worst happens and an employee gets killed on the job. ATSSA Vice President of Education & Technical Services Donna Clark and ATSS Foundation Chair Dave Krahulec moderated the discussion, which also included Doug Dolinar, who is president of Guidemark Inc. of Souderton, Pa., and also an ATSSA board member.