Do you support this bill?

Assembly Bill A1109

2009-2010 Legislative Session

Relates to enforcement of indemnity provisions of certain safety service agreements associated with construction projects

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2009-A1109 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd ยง5-322.1, Gen Ob L

2009-A1109 (ACTIVE) - Summary

Permits enforcement of indemnity provisions of certain safety service agreements in the context of construction projects.

2009-A1109 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1109

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. DESTITO -- read once and referred to the Commit-
  tee on Judiciary

AN ACT to amend the general obligations law, in relation to permitting a
  party to enforce indemnity provisions of safety service agreements  in
  the context of construction projects

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 5-322.1 of the general obligations
law, as amended by chapter 67 of the laws of 1993, is amended to read as
follows:
  1.   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, struc-
ture, appurtenances and  appliances  including  moving,  demolition  and
excavating connected therewith, purporting to indemnify or hold harmless
the  promisee  against liability for damage arising out of bodily injury
to persons or damage to property contributed to, caused by or  resulting
from  the negligence of the promisee, his agents or employees, or indem-
nitee, whether such negligence be in whole or in part, is against public
policy and is void and unenforceable; provided that this  section  shall
not affect the validity of any insurance contract, workers' compensation
agreement or other agreement issued by an admitted insurer. [This subdi-
vision  shall  not  preclude  a  promisee  requiring indemnification for
damages arising out of bodily injury to persons or  damage  to  property
caused  by  or  resulting  from the negligence of a party other than the
promisee, whether or not  the  promisor  is  partially  negligent.]  AND
PROVIDED  FURTHER,  WHERE  THE  PROMISOR  HAS  EXPLICITLY  UNDERTAKEN TO
PROVIDE SAFETY SERVICES WHICH INCLUDE  THE  OBLIGATION  TO  INSPECT  AND
CORRECT  ANY  CONDITIONS  REASONABLY  ASSOCIATED  WITH  THE CONSTRUCTION
ACTIVITY TO WHICH THOSE SERVICES ARE DIRECTED OR TO AREAS OF INGRESS AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.