senate Bill S1215

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

S1215 - Bill Details

See Assembly Version of this Bill:
A527
Current Committee:
Senate Judiciary
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 - Bill Texts

view summary

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

view 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
such owner or contractor.

However, under current law, contractors or subcontractors can be
required to indemnify an owner or contractor for damages due to
injuries caused by the negligence of third parties. Since a
subcontractor often has no control over other contractors and
subcontractors on the job site, it is grossly unfair to place the
burden on a subcontractor by requiring it to indemnify the contractor
for negligence of those third parties. The subcontractor should be
responsible for its own negligence but not for the negligence of
unrelated third parties.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.3183/A.5026 - Died in Judiciary; 2009-2011 S.8011A.2372
Died in Judiciary; 2007-08: Referred to Judiciary, 2005-06: Referred
to Judiciary, 2003-04: Held for consideration in Judiciary, 2002:
Referred to Judiciary, 2001: Referred to Judiciary, 2000: Referred to
Judiciary; reported with amendments, 1999: Referred to Judiciary,
1998: Referred to Judiciary

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect thirty days after it shall become law.

view full 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04998-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.