Bill Text: PA HB2689 | 2011-2012 | Regular Session | Introduced

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Bill Title: In immunities generally, providing for indemnification clauses in construction contracts.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2012-10-17 - Referred to JUDICIARY [HB2689 Detail]

Download: Pennsylvania-2011-HB2689-Introduced.html

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PRINTER'S NO. 4266
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2689 Session of2012
INTRODUCED BY CULVER, BLOOM AND MASSER, OCTOBER 17, 2012
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 17, 2012
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in immunities generally,
providing for indemnification clauses in construction
contracts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 8340.3. Indemnification clauses in construction contracts.
(a) General rule.--Notwithstanding any provision of law to
the contrary, a covenant, promise, agreement or understanding in
or in connection with or collateral to a construction contract,
which requires one party to indemnify, hold harmless, insure or
defend another party to the construction contract, or another
person identified by the other party, including the other
party's agents, officers or employees, against liability or
claims for damages, including attorney fees, arising out of
bodily injury or death or damage to property caused or resulting
from the negligence of the other party to the construction
contract, including the other party's agents, officers or
employees, is void against public policy and is unenforceable.
(b) Applicability.--This section shall not affect any
obligation under worker's compensation or coverage or insurance
related to worker's compensation. In addition, this section
shall apply notwithstanding any requirement in a construction
contract, which requires one party to purchase insurance,
including, but not limited to, owner's or contractor's
protective insurance, builder's risk insurance, installation
coverage, project management protective liability insurance,
owner-controlled insurance or contractor-controlled insurance.
(c) Definition.--As used in this section, the term
"construction contract" means a contract or agreement relative
to the construction, alteration, repair or maintenance of a
building or structure or a building's or structure's
appurtenances and appliances, including moving, demolishing and
excavating the building or structure or a building's or
structure's appurtenances or appliances.
Section 2. This act shall take effect in 60 days.
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