Certain indemnification provisions in construction agreement void
Source:
Section 30.140 — Certain indemnification provisions in construction agreement void, https://www.oregonlegislature.gov/bills_laws/ors/ors030.html.
Notes of Decisions
Prohibition against construction agreement requiring person to indemnify another against liability applies to prohibit requiring party to purchase additional insurance covering other party. Walsh Construction Co. v. Mutual of Enumclaw, 189 Or App 400, 76 P3d 164 (2003), aff’d 338 Or 1, 104 P3d 1146 (2005); Security Natl. Ins. Co. v. Sunset Presbyterian Church, 289 Or App 193, 408 P3d 233 (2017)
Contract between contractor and subcontractor that includes indemnity provision requiring subcontractor to indemnify contractor for contractor’s negligence is enforceable only to extent that provision also requires subcontractor to indemnify contractor for subcontractor’s negligence. Montara Owners Assn. v. La Noue Development, LLC, 259 Or App 657, 317 P3d 257 (2013), aff’d 357 Or 333, 353 P3d 563 (2015); Security Natl. Ins. Co. v. Sunset Presbyterian Church, 289 Or App 193, 408 P3d 233 (2017)
Subcontractor’s duty to defend prime contractor against actions alleging prime contractor’s own negligence is limited under this section. Where action was filed against prime contractor and prime contractor, in turn, filed third-party complaint against subcontractor this section voided provision in contract to extent that contract required subcontractor to pay cost of defending general contractor against allegations of contractor’s own negligence. Sunset Presbyterian Church v. Andersen Construction, 268 Or App 309, 341 P3d 192 (2014), Sup Ct review denied
Attorney General Opinions
“Design” includes specifications, (1974) Vol 37, p 22
Up to date