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MO HB1674

Bill

Status

Introduced

1/30/2014

Primary Sponsor

Don Gosen

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Modifies section 434.100 regarding indemnity agreements in public and private construction work to clarify that parties cannot transfer liability for their own negligence or recklessness to another party through indemnification, insurance agreements, or other means.

  • Allows exceptions to the indemnity prohibition including: indemnification for subcontractors and suppliers, additional insured coverage for the indemnitee's negligence only, agreements between government entities, and construction bonds.

  • Permits indemnification agreements for damages exceeding a party's comparative liability under Missouri's joint and several liability doctrine (section 537.067), allowing recovery of plaintiff payments beyond the indemnitee's own fault percentage.

  • Defines "construction work" to include construction, alteration, maintenance, repair, demolition, moving, excavation of buildings and infrastructure, plus surveying, design, engineering, planning, management services, labor, materials, and equipment.

  • Applies only to contracts or agreements entered into after August 28, 1999.

Legislative Description

Changes the laws regarding indemnity agreements for construction contracts

Last Action

Referred: Insurance Policy(H)

2/11/2014

Committee Referrals

Insurance Policy2/11/2014

Full Bill Text

No bill text available