SP0290
LD 865
Session - 126th Maine Legislature
C "A", Filing Number S-125, Sponsored by
LR 1514
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out all of section 2 and inserting the following:

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 or a contractor's or subcontractor's surety 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; or
3 Other loss.   Other losses arising 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.

Sec. 3. Application. This Act does not apply to any contract entered into before the effective date of this Act.’

summary

This amendment is the minority report of the committee. It changes the provision in the bill prohibiting certain indemnification agreements by which a contracting party indemnifies itself from liability for damages for death or bodily injury or injury to property or losses arising from its own negligence or willful misconduct to remove a reference to a surety's insurer and also language that includes design defects in the prohibition. It also adds an application section.


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