Bill Text: MN SF1757 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Indemnity agreements in design professional service contracts prohibition
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-04-09 - HF substituted on General Orders HF2090 [SF1757 Detail]
Download: Minnesota-2013-SF1757-Engrossed.html
1.2relating to civil actions; prohibiting certain indemnification agreements;
1.3proposing coding for new law in Minnesota Statutes, chapter 604.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [604.21] INDEMNITY AGREEMENTS IN DESIGN PROFESSIONAL
1.6SERVICES CONTRACTS VOID.
1.7(a) A provision contained in, or executed in connection with, a design professional
1.8services contract is void and unenforceable to the extent it attempts to require an
1.9indemnitor to indemnify, to hold harmless, or to defend an indemnitee from or against
1.10liability for loss or damage resulting from the negligence or fault of anyone other than the
1.11indemnitor or others for whom the indemnitor is legally liable.
1.12(b) For purposes of this section, "design professional services contract" means a
1.13contract under which some portion of the work or services is to be performed or supervised
1.14by a person licensed under section 326.02, and is furnished in connection with any actual
1.15or proposed maintenance of or improvement to real property, highways, roads, or bridges.
1.16(c) This section does not apply to the extent that the obligation to indemnify, to hold
1.17harmless, or to defend an indemnitee is able to be covered by insurance.
1.18(d) This section does not apply to agreements referred to in section 337.03 or 337.04.
1.19(e) A provision contained in, or executed in connection with, a design professional
1.20services contract for any actual or proposed maintenance of, or improvement to, real
1.21property, highways, roads, or bridges located in Minnesota that makes the contract subject
1.22to the laws of another state or requires that any litigation, arbitration, or other dispute
1.23resolution process on the contract occur in another state is void and unenforceable.
1.24(f) This section supersedes any other inconsistent provision of law.
2.1EFFECTIVE DATE; APPLICATION.This section is effective August 1, 2014,
2.2and applies to contracts or agreements entered into on or after that date.
1.3proposing coding for new law in Minnesota Statutes, chapter 604.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [604.21] INDEMNITY AGREEMENTS IN DESIGN PROFESSIONAL
1.6SERVICES CONTRACTS VOID.
1.7(a) A provision contained in, or executed in connection with, a design professional
1.8services contract is void and unenforceable to the extent it attempts to require an
1.9indemnitor to indemnify, to hold harmless, or to defend an indemnitee from or against
1.10liability for loss or damage resulting from the negligence or fault of anyone other than the
1.11indemnitor or others for whom the indemnitor is legally liable.
1.12(b) For purposes of this section, "design professional services contract" means a
1.13contract under which some portion of the work or services is to be performed or supervised
1.14by a person licensed under section 326.02, and is furnished in connection with any actual
1.15or proposed maintenance of or improvement to real property, highways, roads, or bridges.
1.16(c) This section does not apply to the extent that the obligation to indemnify, to hold
1.17harmless, or to defend an indemnitee is able to be covered by insurance.
1.18(d) This section does not apply to agreements referred to in section 337.03 or 337.04.
1.19(e) A provision contained in, or executed in connection with, a design professional
1.20services contract for any actual or proposed maintenance of, or improvement to, real
1.21property, highways, roads, or bridges located in Minnesota that makes the contract subject
1.22to the laws of another state or requires that any litigation, arbitration, or other dispute
1.23resolution process on the contract occur in another state is void and unenforceable.
1.24(f) This section supersedes any other inconsistent provision of law.
2.1EFFECTIVE DATE; APPLICATION.This section is effective August 1, 2014,
2.2and applies to contracts or agreements entered into on or after that date.
