CHAPTER 5. CONSTRUCTION OR DESIGN CONTRACTS; INDEMNITY AGREEMENTS INVALID
IC 26-2-5
Chapter 5. Construction or Design Contracts; Indemnity
Agreements Invalid
IC 26-2-5-1
Indemnity agreements against public policy as void and
unenforceable; exception
Sec. 1. All provisions, clauses, covenants, or agreements
contained in, collateral to, or affecting any construction or design
contract except those pertaining to highway contracts, which purport
to indemnify the promisee against liability for:
(1) death or bodily injury to persons;
(2) injury to property;
(3) design defects; or
(4) any other loss, damage or expense arising under either (1),
(2) or (3);
from the sole negligence or willful misconduct of the promisee or the
promisee's agents, servants or independent contractors who are
directly responsible to the promisee, are against public policy and are
void and unenforceable.
(Formerly: Acts 1975, P.L.276, SEC.1.)
IC 26-2-5-2
Uninsurable facility excepted
Sec. 2. This chapter does not apply to a construction or design
contract if liability insurance normally available within the United
States at standard rates cannot be obtained for the facility being
constructed or designed because it constitutes a dangerous
instrumentality.
(Formerly: Acts 1975, P.L.276, SEC.1.)
IC 26-2-5-3
Application of chapter
Sec. 3. This chapter applies to a construction or design contract
entered into after June 30, 1975.
As added by P.L.1-1989, SEC.53.