Construction Anti-Indemnity Statutes: State Comparison Chart

by Practical Law Real Estate

A Chart providing a state-by-state overview of anti-indemnity legislation specifically applicable to design and construction contracts. Indemnification provisions, also known as hold harmless agreements, are a critical tool for shifting risk on a construction project. Most states, however, have enacted anti-indemnity statutes that significantly curtail the enforceability of agreements seeking to indemnify a party for its own negligence. This Chart, updated semiannually, highlights the key statutory features of each state, detailing prohibitions related to an indemnitee's sole or partial negligence, and explores statutory exceptions for insurance contracts, workers' compensation, and surety bonds. For any party to a construction contract or its counsel, this Chart serves as a valuable first-step guide for negotiating and drafting enforceable indemnification provisions.