Setting Clear Expectations with a Winter Waiver

By Mark McLeod

I’ve been writing “On the Parking Lot” articles for A.P.E. Magazine for many years. I have always taken the time to listen to my contractors and other industry professionals about the topics they would like me to research and write about.

Recently, I corresponded with a company in Texas that provided me with an idea which I would like to share with my A.P.E. readers in the pavement maintenance industry. “A Winter Waiver” – it’s a topic that should be looked into and something I have not written about.

The owner and operator of Midway Sealcoating and Striping in Arlington, TX, Lawrence Otto, and I were discussing the importance of additives for use in cooler weather sealing. He shared a great idea regarding his approach to fall and late fall applications of pavement sealer in his part of that state.

Otto has recognized the importance of offering his customers a waiver for sealcoating services during cooler months. He has a few different versions depending on the type of property and project scope — whether it’s an apartment complex, shopping center or residential area. While each waiver is a bit different, they all cover the key info his clients need to set realistic expectations for sealcoating during the chillier months.

These are simple form letters that he has the client and customer sign in the event the customer must have the project done, even without the blessing from the sealer applicator. This offers protection if something were to fail in the sealing performed outside the manufacturer’s temperature recommendations. It is a safety net for the sealcoat applicator that states that he will get paid to perform with instruction and no warranty if performed outside the recommendations for application temperatures. The winter waiver is a means of protection for all involved.

Otto has found when pushing the weather limits, a very important thing to consider when sealing is ground temperature. “As we go into fall and early winter, the ground may still be fairly warm, even with a cold snap,” he says. “So, applying sealer with a higher ground temperature seems to work ok. But once you have a hard freeze, the ground temperature drops, and the applied sealer laid down at 55 degrees may not set. So, in the late fall and into winter in my area, I usually hold out for 60 degrees and rising … and that is still pushing it. I always say, there is no replacement for good old sunshine.

“Other factors are the properties that have large, shaded areas. I have seen shaded areas on the north side of buildings stay moist for several days in these cooler temps, even in nice weather,” Otto says. “I don’t know how the weather patterns are up north, but here in Texas, we can have fairly warm days in the winter with a southern wind. That wind brings up moisture from the Gulf, and the moisture seems to collect on the north side of the building where it’s blocked from the wind. When I have an area on the north side, I will refrain from sealing that area until the cold front moves through. Then the trick is to time the seal application while the weather is warm, but then have the north wind blow in and dry it before the frigid weather arrives. This is a true balancing act.”

What Otto says is so true. Contractors live and die with the weather. The addition of a cold weather additive, such as Maintenance Inc.’s FASS DRI, will help extend the season and help dry the sealer chemically to ensure that you give your sealer the best chance at drying and curing in cooler temperatures all around the country. Incorporating a winter waiver into your cool weather sealing projects will not only set the expectations of the sealing project with your customers, but it will also protect all parties involved.

As always, it is a pleasure to write about subjects recommended by you, the contractor. It’s what keeps me going and I can’t thank you enough.

I want to thank Lawrence Otto from Midway Sealcoating and Striping for sending me this information that I am sharing with thousands of my readers here.

So, until next time, “Happy Sealing!”

Mark McLeod is the President and CEO of Maintenance Inc. He is a 2023 Pavement Maintenance Hall of Fame Inductee. He can be reached at 800-892-6701 or by email at
mark@maintinc.com