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Miss. Code Ann. § 31-5-41

“Hold harmless” clauses in construction contracts are void; exceptions

Applied in 20 court decisions — leading case Mountain Fuel Supply Co. v. Emerson (1978)

Most recently applied in 718 F. Supp. 2d 795 - PIC Group, Inc. v. LandCoast Insulation, Inc. (September 2010)

Codes, 1942, § 278.9; Laws, 1972, ch. 400, § 1, eff from and after passage (approved April 27, 1972

How often courts cite this section

1976198019902000201020
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.

With respect to all public or private contracts or agreements, for the construction, alteration, repair or maintenance of buildings, structures, highway bridges, viaducts, water, sewer or gas distribution systems, or other work dealing with construction, or for any moving, demolition or excavation connected therewith, every covenant, promise and/or agreement contained therein to indemnify or hold harmless another person from that person’s own negligence is void as against public policy and wholly unenforceable.

This section does not apply to construction bonds or insurance contracts or agreements.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.