Liability of Design-Builders for Design, Construction, and Acquisition Claims (2015)

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B-1 APPENDIX B: ANTI-INDEMNITY STATUTES APPLICABLE TO PUBLIC AGENCY CONTRACT State Code Section Summary* Comments Alaska Alaska Stat. 45.45.900 Bars indemnity for sole fault. Does not apply to the handling of hazardous substances. Arizona Ariz. Rev. Stat. 32-1159, 34-226, 41- 2586 Bars indemnity for sole fault (private work); bars indemnity for sole or partial fault and closes additional insured loophole (public work). Makes an exception for indemnification by a subcontractor of a person who is not a party to the contract and enters onto adjacent land. Arkansas Ark. Code 4-56-104, 22-9-214 Bars indemnity for sole fault and expressly allows additional insured. California Cal. Civ. Code 2782– 2782.5 With respect to public projects, bars indemnity for sole fault as well as for active negligence of public agency indemnitee. Public owner may not force subcontractor to indemnify or insure another party for that party’s “active negligence or willful misconduct” for defects in the project’s design provided to subcontractor or claims outside of subcontractor’s work. Colorado Colo. Rev. Stat. 13-21-111.5 Bars indemnity for sole or partial fault. Connecticut Conn. Gen. Stat. 52-572k Bars indemnity for sole or partial fault. Delaware Del. Code, title 6 2704 Bars indemnity for sole or partial fault. Case law may close additional insured loophole under certain circumstances. Florida Fla. Stat. 725.06 Bars indemnity for sole or partial fault (public work). Georgia Off. Code Ga. 13-8-2 Bars indemnity for sole fault, closes additional insured loophole. Except obligations under workers’ compensation insurance.

B-2 State Code Section Summary* Comments Hawaii Haw. Rev. Stat 431:10-222 Bars indemnity for sole fault. Inapplicable to valid workers’ compensation claims. Idaho Idaho Code 29-114 Bars indemnity for sole fault. Illinois 740 Ill. Comp. Stat. 35/1-3 Bars indemnity for sole or partial fault. Indiana Ind. Code 26-2-5 Bars indemnity for sole fault. Iowa Iowa Code 537 A.5 Bars indemnity for sole or partial fault. Kansas Kansas Stat. 16-121 Bars indemnity for sole or partial fault. Voids contractual requirements to indemnify or provide liability coverage to another person as an additional insured for that person’s own negligence, acts or omissions, with exceptions. Nullifies contractual requirements to waive subrogation rights for losses covered by workers’ compensation insurance, with exceptions. Kentucky Ky. Rev. Stat. 371.180 Bars indemnity for sole or partial fault. Case law may close additional insured loophole. Louisiana La. Rev. Stat. 38:2216(G) Bars indemnity for sole or partial fault, with exceptions. Applies only to primes on public works contracts. Maryland Md. Code Cts. & Jd. Proc. 5-401 Bars indemnity for sole fault. Massachusetts Ma. Gen. Laws, ch. 149 29C Bars indemnity for sole fault, but indemnity standard has been lowered to something less than negligence or proximate causation after court ruling. Case law has lowered the indemnification standard to less than negligence or proximate causation.

B-3 State Code Section Summary* Comments Michigan Mich. Comp. Laws 691-991 Bars indemnity for sole fault. Minnesota Minn. Stat. 337 Bars indemnity for sole or partial fault. Except owners may indemnify environmental liabilities. Mississippi Miss. Code 31-5-41 Bars indemnity for sole or partial fault. Missouri Mo. Rev. Stat. 434.100 Bars indemnity for sole or partial fault. Expressly permits additional insured. Montana Montana Code 28-2-2111 Bars indemnity for sole or partial fault, closes additional insured loophole. Permits requiring a party to purchase a policy specific to the project. Nebraska Neb. Rev. Stat. 25-21, 187 Bars indemnity for sole or partial negligence. Except for construction bonds or insurance contracts. New Hampshire N.H. Rev. Stat. 338-A:1, 338-A:2 Bars indemnity for sole or partial negligence. New Jersey N.J. Stat. 2A:40A-1 Bars indemnity for sole fault, expressly inapplicable to insurance. Not applicable to validity of insurance policy or workers’ compensation issue. New Mexico N.M. Stat. 56-7-1 Bars indemnity for sole or partial fault, closes additional insured loophole. New York N.Y. Gen. Oblig. Laws 5-322.1 Bars indemnity for sole or partial negligence. Not applicable to insurance contract or workers’ compensation agreement. North Carolina N.C. Gen. Stat. 22B-1 Bars indemnity for sole or partial negligence. Not applicable to a public utility as an indemnitee or to contracts entered into by DOT. Ohio Ohio Rev. Code 2305.31 Bars indemnity for sole or partial negligence.

B-4 State Code Section Summary* Comments Oklahoma Okla. Stat., tit. 15 221 Bars indemnity for sole or partial negligence, closes additional insured loophole. Oregon Or. Rev. Stat. 30.140 Bars indemnity for sole or partial negligence, closes additional insured loophole. Rhode Island R.I. Gen Laws 6-34-1 Bars indemnity for sole or partial fault, except for insurance or construction bonds. South Carolina S.C. Code 32-2-10 Bars indemnity for sole negligence. South Dakota S.D. Cod. Laws 56-3-18 Bars indemnity for sole negligence. Tennessee Tenn Code 62-6-123 Bars indemnity for sole negligence. Texas Texas Ins. Code 151 Bars indemnity for sole or partial negligence, closes additional insured loophole. Inapplicable to employee claims, municipal or public works projects, and others. Utah Utah Code 13-8-1 Bars indemnity for sole or partial negligence, except pro rata apportionment of fault for owners. Permits indemnity of owner. Virginia Va. Code 11-4-1 Bars indemnity for sole negligence. Washington Wash. Rev. Code 4.24.115 Bars indemnity for sole or partial negligence. West Virginia W. Va. Code 55-8-14 Bars indemnity for sole negligence. * This chart includes summary-level information regarding anti-indemnity laws, but it is necessary to review the full text of the statute to determine whether and how each law applies. Citations to relevant statutes are provided for ease of reference.