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IN HB1037

Bill

Official Source

Status

Introduced

1/4/2017

Primary Sponsor

Gerald Torr

Click for details

Origin

House of Representatives

2017 Regular Session

AI Summary

  • Amends Indiana Code IC 26-2-5-1 concerning indemnity agreements in construction and design contracts (except highway contracts)
  • Removes the word "sole" from the statute, expanding when indemnity agreements are void to cover negligence or willful misconduct of the promisee regardless of whether it is sole or partial negligence
  • Voids and makes unenforceable indemnity provisions attempting to protect against liability for death, bodily injury, property damage, design defects, or related losses arising from negligence or willful misconduct
  • Applies to negligence or willful misconduct of the promisee, their agents, servants, or independent contractors directly responsible to the promisee
  • Effective July 1, 2017

Legislative Description

Construction or design contracts. For purposes of the statute providing for the invalidity of an indemnity agreement related to negligence or willful misconduct in connection with a construction or design contract, removes the word "sole" as a descriptor of the negligence or willful misconduct at issue. Makes a technical correction.

Last Action

First reading: referred to Committee on Judiciary

1/4/2017

Committee Referrals

Judiciary1/4/2017

Full Bill Text

No bill text available