Assembly Bill A5330

2017-2018 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A5330 (ACTIVE) - Details

See Senate Version of this Bill:
S3240
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd §5-322.1, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2372, S801
2011-2012: A5026, S3183
2013-2014: A527, S1215
2015-2016: A4267, S32

2017-A5330 (ACTIVE) - Summary

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

2017-A5330 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5330
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2017
                                ___________
 
 Introduced by M. of A. CUSICK, 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.]
   § 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.
                                                            LBD00256-01-7

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