SP0290, LD 865, item 1, An Act Regarding Contract Indemnification

An Act Regarding Contract Indemnification

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 10 MRSA §1112, as enacted by PL 1993, c. 461, §1, is amended to read:

§ 1112. Application

This Except for section 1120-A, this chapter does not apply to contracts entered into by the Department of Transportation.

Sec. 2. 10 MRSA §1120-A is enacted to read:

§ 1120-A. Indemnification agreements against public policy

It is against public policy and is void and unenforceable if, notwithstanding any other provision of this chapter, a provision, clause, covenant or agreement contained in, collateral to or affecting a construction contract purports to require a contractor or subcontractor, a contractor's or subcontractor's surety or that surety's insurer to indemnify the promisee against liability for damages for:

1. Death or bodily injury. Death or bodily injury to persons;

2. Injury to property. Injury to property;

3. Design defects. Design defects; or

4. Other loss. Loss, damage or expense arising under subsection 1, 2 or 3 from the negligence or willful misconduct of the promisee or the promisee's agents, servants or independent contractors who are directly responsible to the promisee.

summary

This bill prohibits certain indemnification agreements by which a contracting party indemnifies itself from its own negligence or willful misconduct.

SP0290 LD 865	Session - 126th Maine Legislature		LR 1514 Item 1
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