Bill Text: MI HB4687 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Occupations; landscape architects; contracts with public entities; revise prohibition against certain indemnification provisions. Amends sec. 1 of 1966 PA 165 (MCL 691.991). TIE BAR WITH: HB 4685'13
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-05-07 - Printed Bill Filed 05/03/2013 [HB4687 Detail]
Download: Michigan-2013-HB4687-Introduced.html
HOUSE BILL No. 4687
May 2, 2013, Introduced by Rep. Yonker and referred to the Committee on Regulatory Reform.
A bill to amend 1966 PA 165, entitled
"An act to invalidate certain requirements for indemnity in the
construction industry,"
by amending section 1 (MCL 691.991), as amended by 2012 PA 468.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) In a contract for the design, construction,
alteration, repair, or maintenance of a building, a structure, an
appurtenance, an appliance, a highway, road, bridge, water line,
sewer line, or other infrastructure, or any other improvement to
real property, including moving, demolition, and excavating
connected therewith, a provision purporting to indemnify the
promisee against liability for damages arising out of bodily injury
to persons or damage to property caused by or resulting from the
sole negligence of the promisee or indemnitee, his agents or
employees, is against public policy and is void and unenforceable.
(2) When entering into a contract with a Michigan-licensed
architect,
professional engineer, landscape architect, or
professional surveyor or landscape architect authorized to do
business in this state for the design of a building, a structure,
an appurtenance, an appliance, a highway, road, bridge, water line,
sewer line, or other infrastructure, or any other improvement to
real property, or a contract with a contractor for the
construction, alteration, repair, or maintenance of any such
improvement, including moving, demolition, and excavating connected
therewith, a public entity shall not require the Michigan-licensed
architect,
professional engineer, landscape architect, or
professional surveyor, the landscape architect, or the contractor
to defend the public entity or any other party from claims, or to
assume any liability or indemnify the public entity or any other
party for any amount greater than the degree of fault of the
Michigan-licensed
architect, professional engineer, landscape
architect,
or professional surveyor, the landscape architect, or
the contractor and that of his or her respective subconsultants or
subcontractors. A contract provision executed in violation of this
section is against public policy and is void and unenforceable.
(3) For the purposes of this section, a contractor may be an
individual, sole proprietorship, partnership, corporation, limited
liability company, joint venture, construction manager, or other
business arrangement.
(4) As used in this section, "public entity" means this state
and all agencies thereof, any public body corporate within this
state and all agencies thereof, and any nonincorporated public body
within this state of whatever nature and all agencies thereof;
including, but not limited to, cities, villages, townships,
counties, school districts, intermediate school districts,
authorities, and community and junior colleges as provided for in
section 7 of article VIII of the state constitution of 1963, and
their employees and agents, including, but not limited to,
construction managers or other business arrangements retained by or
contracting with the public entity to manage or administer the
contract for the public entity. However, public entity does not
include institutions of higher education as described or provided
for in section 4 or 6 of article VIII of the state constitution of
1963, or their employees or agents.
(5) Nothing in this act affects the application of 1964 PA
170, MCL 691.1401 to 691.1419.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 4685(request no.
02039'13) of the 97th Legislature is enacted into law.
