32-1159. Indemnity agreements in construction
and architect-engineer contracts void; definitions
A. A covenant, clause or understanding in, collateral to or affecting a
construction contract or architect-engineer professional service contract that purports
to indemnify, to hold harmless or to defend the promisee from or against liability for
loss or damage resulting from the sole negligence of the promisee or the promisee's
agents, employees or indemnitee is against the public policy of this state and is void.
B. Notwithstanding subsection A, a contractor who is responsible for the
performance of a construction contract may fully indemnify a person for whose account the
construction contract is not being performed and who, as an accommodation, enters into an
agreement with the contractor that permits the contractor to enter on or adjacent to its
property to perform the construction contract for others.
C. This section applies to all contracts entered into between private
parties. This section does not apply to:
1. Agreements to which this state or a political subdivision of this state is a
party, including intergovernmental agreements and agreements governed by sections 34-226
and 41-2586.
2. Agreements entered into by agricultural improvement districts under title 48,
chapter 17.
D. In this section:
1. "Architect-engineer professional service contract" means a written or oral
agreement relating to the design, design-build, construction administration, study,
evaluation or other professional services furnished in connection with any actual or
proposed construction, alteration, repair, maintenance, moving, demolition or excavation
of any structure, street or roadway, appurtenance or other development or improvement to
land.
2. "Construction contract" means a written or oral agreement relating to the
construction, alteration, repair, maintenance, moving, demolition or excavation or other
development or improvement to land.
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