Product Update

State Construction Anti-Indemnity Statute Summaries Updated in Construction Risk Management


Construction anti-indemnity statutes place restrictions on the extent to which an indemnitee may seek indemnification with respect to its own negligence. The conventional alternative approaches are to limit the scope of allowable indemnification to either (1) indemnification to the extent of the indemnitor's negligence only or (2) indemnification for the concurrent negligence of the indemnitor and the indemnitee. In the six states that have no construction anti-indemnity statute, courts typically also allow indemnification for the indemnitee's sole negligence but apply strict rules with regard to how this risk transfer is stipulated in the construction contract.

This release of Construction Risk Management updates the State Construction Anti-Indemnity Statutes. It examines the different approaches taken on this issue and provides an easy to read summary of each state's statute, including which types of contracts it applies to, the maximum allowable level of indemnity, exceptions to the statute, whether it contains an insurance savings clause, and whether the limitations of the statute also apply to additional insured requirements.

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