A covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair or maintenance of a building, structure, appurtenance and appliance, including moving, demolition and excavating connected therewith, purporting to indemnify the promisee against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the promisee, his agents or employees, or indemnitee, is against the policy of the law and is void and unenforceable.
S.D. Codified Laws § 56-3-18
Indemnity agreement void as to liability for negligence in construction, repair or maintenance of structure or equipment
Applied in 2 court decisions — leading case 365 F. Supp. 984 - Becker v. Central Telephone and Utilities Corporation (1973)
Most recently applied in 501 F. Supp. 278 - Chicago & North Western Transportation Co. v. v & R Sawmill, Inc. (November 1980)
Source: SL 1973, ch 294.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.