Bill Text: IA SF396 | 2011-2012 | 84th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to the regulation of indemnification provisions in construction contracts. (Formerly SSB 1172.) Effective 7-1-11.
Sponsorship: Committee Bill
Status: (Passed) 2011-12-31 - END OF 2011 ACTIONS [SF396 Detail]
Download: Iowa-2011-SF396-Amended.html
Bill Title: A bill for an act relating to the regulation of indemnification provisions in construction contracts. (Formerly SSB 1172.) Effective 7-1-11.
Sponsorship: Committee Bill
Status: (Passed) 2011-12-31 - END OF 2011 ACTIONS [SF396 Detail]
Download: Iowa-2011-SF396-Amended.html
Senate
File
396
-
Reprinted
SENATE
FILE
396
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
1172)
(As
Amended
and
Passed
by
the
Senate
March
22,
2011
)
A
BILL
FOR
An
Act
relating
to
the
regulation
of
indemnification
provisions
1
in
construction
contracts.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
SF
396
(3)
84
je/rj
S.F.
396
Section
1.
NEW
SECTION
.
537A.5
Indemnity
agreements
——
1
construction
contracts.
2
1.
As
used
in
this
section,
“construction
contract”
3
means
an
agreement
relating
to
the
construction,
alteration,
4
improvement,
development,
demolition,
excavation,
5
rehabilitation,
maintenance,
or
repair
of
buildings,
highways,
6
roads,
streets,
bridges,
tunnels,
transportation
facilities,
7
airports,
water
or
sewage
treatment
plants,
power
plants,
8
or
any
other
improvements
to
real
property
in
this
state,
9
including
shafts,
wells,
and
structures,
whether
on
ground,
10
above
ground,
or
underground,
and
includes
agreements
for
11
architectural
services,
design
services,
engineering
services,
12
construction
services,
construction
management
services,
13
development
services,
maintenance
services,
material
purchases,
14
equipment
rental,
and
labor.
“Construction
contract”
includes
15
all
public,
private,
foreign,
or
domestic
agreements
as
16
described
in
this
subsection
other
than
such
public
agreements
17
relating
to
highways,
roads,
and
streets.
18
2.
Except
as
excluded
under
subsection
3,
a
provision
19
in
a
construction
contract
that
requires
one
party
to
the
20
construction
contract
to
indemnify,
hold
harmless,
or
defend
21
any
other
party
to
the
construction
contract,
including
the
22
indemnitee’s
employees,
consultants,
agents,
or
others
for
23
whom
the
indemnitee
is
responsible,
against
liability,
claims,
24
damages,
losses,
or
expenses,
including
attorney
fees,
to
25
the
extent
caused
by
or
resulting
from
the
negligent
act
or
26
omission
of
the
indemnitee
or
of
the
indemnitee’s
employees,
27
consultants,
agents,
or
others
for
whom
the
indemnitee
is
28
responsible,
is
void
and
unenforceable
as
contrary
to
public
29
policy.
30
3.
This
section
does
not
apply
to
the
indemnification
31
of
a
surety
by
a
principal
on
any
surety
bond,
an
insurer’s
32
obligation
to
its
insureds
under
any
insurance
policy
or
33
agreement,
a
borrower’s
obligations
to
its
lender,
or
any
34
obligation
of
strict
liability
otherwise
imposed
by
law.
35
-1-
SF
396
(3)
84
je/rj
1/
1
