34-226. 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 subcontract or architect-engineer professional service contract
or subcontract that purports to indemnify, to hold harmless or to defend the promisee of,
from or against liability for loss or damage resulting from the 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 or subcontract may fully indemnify a person, firm,
corporation, state or other agency for whose account the construction contract or
subcontract 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 or subcontract for others.
C. In this section:
1. "Architect-engineer professional service contract or subcontract" means a
written or oral agreement relating to the design, 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 a structure, street or roadway, appurtenance or other development or improvement to
land.
2. "Construction contract or subcontract" 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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