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AZ SB1338

Bill

Status

Introduced

1/31/2017

Primary Sponsor

Karen Fann

Click for details

Origin

Senate

Fifty-third Legislature - First Regular Session (2017)

AI Summary

  • 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.

  • 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.

  • 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.

  • Permits full indemnification in limited circumstances where a contractor enters onto another's property as an accommodation to perform construction work for third parties.

  • 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

Full Bill Text

No bill text available