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AZ SB1338
Bill
Status
1/31/2017
Primary Sponsor
Karen Fann
Click for details
AI Summary
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Amends Arizona Revised Statutes § 32-1159 to prohibit indemnification clauses in private construction and architect-engineer contracts that require one party to indemnify another for negligence, except when limited to negligence caused by the indemnifying party, its employees, or agents.
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Allows indemnification requirements only to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the contractor, subcontractor, or architect/engineer professional performing the work.
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Prohibits contractors from defending or holding harmless contracting agents from any liability or damages beyond what is caused by the contractor's own negligence, recklessness, or intentional misconduct.
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Permits full indemnification in limited circumstances where a contractor enters onto another's property as an accommodation to perform construction work for third parties.
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Applies to all private construction and architect-engineer contracts entered into or amended on or after the effective date; does not apply to state contracts, agricultural districts, surety bonds, or insurance agreements between insurers and named insureds.
Legislative Description
Construction contracts; indemnification; liability provisions
Professions And Occupations
Last Action
Senate read second time
2/1/2017