senate Bill S3183

2011-2012 Legislative Session

Makes indemnification agreements relating to construction contracts void as against public policy

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Archive: Last Bill Status -

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Feb 10, 2011 referred to judiciary

S3183 - Details

See Assembly Version of this Bill:
Law Section:
General Obligations Law
Laws Affected:
Amd ยง5-322.1, Gen Ob L
Versions Introduced in 2009-2010 Legislative Session:
S801, A2372

S3183 - Summary

Makes indemnification agreements, relating to construction contracts void as against public policy.

S3183 - Sponsor Memo

S3183 - Bill Text download pdf

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

    S. 3183                                                  A. 5026

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 10, 2011

IN  SENATE  --  Introduced by Sen. DeFRANCISCO -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-

IN  ASSEMBLY  -- Introduced by M. of A. CUSICK -- read once and referred
  to the Committee on Judiciary

AN ACT to amend the general obligations law, in relation to indemnifica-
  tion agreements relating to construction projects


  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
  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  NOT  contributed to, caused by or
resulting from the negligence OR OTHER CULPABLE ACT  of  the  [promisee,
his]  PROMISOR,  ITS agents [or], employees, SUBCONTRACTORS or [indemni-
tee, whether such negligence be in whole or in part,] VENDORS 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 subdivision shall not preclude a promisee  requiring  indemnifica-
tion  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.]
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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


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