Nothing contained in Section 2782 shall prevent a party to a construction contract and the owner or other party for whose account the construction contract is being performed from negotiating and expressly agreeing with respect to the allocation, release, liquidation, exclusion, or limitation as between the parties of any liability (a) for design defects, or (b) of the promisee to the promisor arising out of or relating to the construction contract.
Cal. Civ. Code § 2782.5
INDEMNITY
Applied in 5 court decisions — leading case City of Dillingham v. CH2M Hill Northwest, Inc. (1994)
Most recently applied in 295 F. Supp. 2d 1091 - Civic Center Drive Apartments Ltd. Partnership v. Southwestern Bell Video Services (November 2003)
Amended by Stats. 1980, Ch. 211, Sec. 2.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.