The House Judiciary Committee heard SB 230, sponsored by Rep. Lehman, addressing unlawful indemnity agreements. This bill provides that the law concerning indemnity agreements in construction or design contracts applies to certain design-build contracts. The bill further specifies that “sole negligence” for purposes of liability under a construction or design contract does not include vicarious liability, imputed negligence, or the assumption of a nondelegable duty.
An amendment was taken by consent that specifies provisions in certain professional services contracts requiring indemnification or defense of a promisee for liability are void.
The following testified in support of this bill: Walker Hughes Insurance; USI Consultants; Wilhelm Construction; Frost Brown Todd on behalf of Indiana Constructor’s, Inc.; and Riley, Bennett and Egloff on behalf of Associated General Contractors of Indiana. The amended bill passed 9-0.
Read the bill at: http://www.iga.in.gov/legislative/2019/bills/senate/230.