| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2014 |
referred to judiciary |
| Jan 09, 2013 |
referred to judiciary |
Senate Bill S1215
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
Actions
2013-S1215 (ACTIVE) - Details
2013-S1215 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1215
TITLE OF BILL:
An act
to amend the general obligations law, in relation to
indemnification agreements relating to construction projects
PURPOSE OR GENERAL IDEA OF BILL:
To forbid agreements in construction contracts indemnifying a promisee
for damages caused by third parties.
SUMMARY OF SPECIFIC PROVISIONS:
Section 5-322.1 of the General Obligations Law is amended to forbid
not only agreements whereby a promisor indemnifies a promisee for
damages caused by the promisee's negligence, but also to agreements
whereby a promisor indemnifies a promisee for damages caused by third
party negligence.
JUSTIFICATION:
Section 5-322.1 of the General Obligations Law, as amended in
1981,prohibits clauses in a construction contract between an owner
and a contractor, or between a contractor and a subcontractor,
purporting to indemnify the owner or contractor against liability for
personal injury or property damage arising from the negligence of
2013-S1215 (ACTIVE) - 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
(PREFILED)
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-
ary
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
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 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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