Assembly Bill A5026

2011-2012 Legislative Session

Makes indemnification agreements relating to construction contracts void as against public policy

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A5026 (ACTIVE) - Details

See Senate Version of this Bill:
S3183
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd §5-322.1, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2372, S801
2013-2014: A527, S1215
2015-2016: A4267, S32
2017-2018: A5330, S3240

2011-A5026 (ACTIVE) - Summary

Makes indemnification agreements, relating to construction contracts void as against public policy.

2011-A5026 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 3183                                                  A. 5026

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 10, 2011
                               ___________

IN  SENATE  --  Introduced by Sen. DeFRANCISCO -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

IN  ASSEMBLY  -- Introduced by M. of A. CUSICK -- read once and referred
  to the Committee on Judiciary

AN ACT to amend the general obligations law, in relation to indemnifica-
  tion agreements relating to construction projects

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 5-322.1 of the general obligations
law, as amended by chapter 67 of the laws of 1993, is amended to read as
follows:
  1.   A  covenant,  promise,  agreement  or  understanding  in,  or  in
connection with or collateral to a contract or agreement relative to the
construction, alteration, repair or maintenance of  a  building,  struc-
ture,  appurtenances  and  appliances  including  moving, demolition and
excavating connected therewith, purporting to indemnify or hold harmless
the promisee against liability for damage arising out of  bodily  injury
to  persons  or  damage  to  property  NOT  contributed to, caused by or
resulting from the negligence OR OTHER CULPABLE ACT  of  the  [promisee,
his]  PROMISOR,  ITS agents [or], employees, SUBCONTRACTORS or [indemni-
tee, whether such negligence be in whole or in part,] VENDORS is against
public policy and is void and unenforceable; provided that this  section
shall  not  affect  the  validity  of  any  insurance contract, workers'
compensation agreement or other agreement issued by an admitted insurer.
[This subdivision shall not preclude a promisee  requiring  indemnifica-
tion  for  damages  arising out of bodily injury to persons or damage to
property caused by or resulting from the negligence  of  a  party  other
than the promisee, whether or not the promisor is partially negligent.]
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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