senate Bill S1215

2013-2014 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 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

S1215 - Details

See Assembly Version of this Bill:
Law Section:
General Obligations Law
Laws Affected:
Amd ยง5-322.1, Gen Ob L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3183, A1459, A5026
2009-2010: S801, A2372, A9981

S1215 - Summary

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

S1215 - Sponsor Memo

S1215 - Bill Text download pdf

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

    S. 1215                                                   A. 527

                       2013-2014 Regular Sessions

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


                             January 9, 2013

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, ROBINSON, ABINANTI -- 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.


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