HS/HB 162 - This act declares indemnity or "hold harmless" clauses in construction contracts void as against public policy. A "hold harmless" clause is one in which a party contracts away his liability for future negligence. Contracts already in existence, construction bonds, and insurance contracts are exempt. Contractual provisions requiring a party to name another party as an insured are also exempt. Construction contracts include contracts involving the design, planning, repair, moving, demolition, or maintenance of any structure, road, appurtenance, or appliance. The act does not prevent two parties from agreeing to a specific limitation on the liability one party may have to the other party.
TOM MORTON