Ind. Code § 26-2-5-1
"Construction or design contract"; indemnity agreements against public policy as void and unenforceable; exceptions
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
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;
(1) death or bodily injury to persons;
(2) injury to property;
(2) injury to property;
(3) design defects; or
(3) design defects; or
(4) any other loss, damage or expense arising under either (1), (2) or (3);
(4) any other loss, damage, or expense arising under subdivision (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.
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.