HB 0256 (Truly Agreed) Prohibits indemnification, or "hold harmless", clauses in certain construction contracts
Bill Summary
- Prepared by Senate Research -

HS/HCS/HB 256 - This act provides that for public or private construction work, a party's covenant, promise or agreement to indemnify or hold harmless another person from that person's own negligence in is void as against public policy and is wholly unenforceable. These provisions prohibit a contractor from requiring a subcontractor to assume any of the contractor's liabilities.

Excluded from this act are: Certain agreements between a party and the party's own subcontractors and suppliers of any tier; certain agreements to provide insurance coverage for another person; a contract or agreement between governmental agencies of the state or political subdivisions; certain agreements for the use or operation of public property and facilities, including the movement of property on public highways, roads and streets; construction bonds or insurance agreements; certain indemnity obligations in insurance contracts; and railroads. This act only applies to contracts or agreements entered into after August 28, 1999.

This act is similar to SB 324 (1997) and HB 450 (1997).
MARGARET J. TOALSON

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