Product Update

State Construction Anti-Indemnity Statutes Discussed in Contractual Risk Transfer


State 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 under state construction anti-indemnity statutes are to permit 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.

The State Construction Anti-Indemnity Statutes section, updated in this release of Contractual Risk Transfer, discusses these approaches in greater detail and also contains easy-to-read summaries of each state's construction anti-indemnity statutes. Among the information included in the summaries are the types of contracts to which the statute applies, the scope of permissible indemnification, exceptions (if any) to the statute, whether the statute contains an insurance savings clause, and whether the statute places restrictions on additional insured contractual requirements. Additional details are provided where applicable, such as whether a statute impacts choice of law or forum selection clauses.

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