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GA HB943

Bill

Status

Passed

4/26/2016

Primary Sponsor

Carlton Rogers

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Origin

House of Representatives

2015-2016 Regular Session

AI Summary

  • Adds a new subsection (c) to O.C.G.A. § 13-8-2 declaring that indemnification, hold harmless, insurance, and duty-to-defend clauses in contracts for engineering, architectural, or land surveying services are void and unenforceable as against public policy
  • Permits an exception allowing indemnification clauses to remain enforceable to the extent damages are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the indemnitor or persons employed/utilized by the indemnitor in performing the contract
  • Preserves existing law under subsection (b) that already voids indemnification clauses in construction contracts for damages caused by the sole negligence of the indemnitee
  • Exempts workers' compensation obligations and requirements to purchase project-specific insurance policies or project-specific policy endorsements from the new limitations
  • Amends Chapter 8 of Title 13 of the Official Code of Georgia Annotated, sponsored by Representatives Rogers (29th), Pak (108th), and Wilkinson (52nd), and passed both the House and Senate

Legislative Description

Contracts; additional limitations on indemnification and duty to defend clauses which are void and unenforceable in contracts for engineering or architectural services; provide

Last Action

Effective Date

7/1/2016

Full Bill Text

No bill text available