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Senate Bill S32

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2015-S32 (ACTIVE) - Details

See Assembly Version of this Bill:
A4267
Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd ยง5-322.1, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2009-2010: S801, A2372
2011-2012: S3183, A5026
2013-2014: S1215, A527
2017-2018: S3240, A5330

2015-S32 (ACTIVE) - Summary

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

2015-S32 (ACTIVE) - Sponsor Memo

2015-S32 (ACTIVE) - Bill Text download pdf 

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

                                   32

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed 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.
                                                           LBD01116-01-5

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