SB 903 - This act would void indemnity and hold harmless clauses in certain construction contracts, and would define the term "persons" for the purposes of private construction contracts.

Section 431.175 of this act would void indemnity and hold harmless clauses in all public and private construction, moving, demolition and excavation contracts, with respect to the acts of the person or any third person. A comparative negligence standard is detailed.

This section does not apply to: construction bonds, insurance contracts or contractual provisions which name another person as an insured, additional insured, or additional named insured, or to indemnity agreements between owners and contractors set out in the contract which require the party obligated to provide the indemnity to secure an insurance policy or policies to underwrite the required, assumed liability, or the contract provides a specific payment in consideration for the required indemnity.

This section applies only to contracts entered into after August 28, 1996.

Section 431.180 of this act defines the term "persons" for the purposes of private construction contracts, to include the owner, a contractor, subcontractor, material supplier, construction manager, architect, professional engineer or land surveyor.
MARGARET TOALSON