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Ind. Code § 26-2-5-1

"Construction or design contract"; indemnity agreements against public policy as void and unenforceable; exceptions

Applied in 13 court decisions — leading case Fresh Cut, Inc. v. Fazli (1995)

Most recently applied in North American Roofing Services., Inc. v. Menard, Inc. (October 2013)

Formerly: Acts 1975, P.L.276, SEC.1

How often courts cite this section

1983199020002010201320
citing decisions per year

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.

Sec. 1. (a) As used in this section, "construction or design contract" includes a design-build contract under which all of the following for the same project are included:

(1) Architectural, engineering, and related design services.

(2) Labor, materials, and other construction services.

(b) 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 subdivision (1), (2), or (3);

from sole negligence or willful misconduct of the promisee are against public policy and are void and unenforceable. Sole negligence does not include vicarious liability, imputed negligence, or assumption of a nondelegable duty.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.