An indemnification agreement contained in, or executed in connection with, a building and construction contract is unenforceable except to the extent that: (1) the underlying injury or damage is attributable to the negligent or otherwise wrongful act or omission, including breach of a specific contractual duty, of the promisor or the promisor's independent contractors, agents, employees, or delegatees; or (2) an owner, a responsible party, or a governmental entity agrees to indemnify a contractor directly or through another contractor with respect to strict liability under environmental laws.
Minn. Stat. § 337.02
UNENFORCEABILITY OF CERTAIN AGREEMENTS.
Applied in 21 court decisions — leading case Engineering & Construction Innovations, Inc. v. L.H. Bolduc Co. (2013)
Most recently applied in In re RFC & Rescap Liquidating Trust Action (August 2018)
1983 c 333 s 2; 1984 c 598 s 4; 1999 c 87 s 1
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: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.