Bill Text: NY S03240 | 2017-2018 | General Assembly | Introduced

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Bill Title: Makes indemnification agreements relating to construction contracts void as against public policy.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO JUDICIARY [S03240 Detail]

Download: New_York-2017-S03240-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3240
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 20, 2017
                                       ___________
        Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
          when printed to be committed 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:
     1    Section 1. Subdivision 1 of section 5-322.1 of the general obligations
     2  law, as amended by chapter 67 of the laws of 1993, is amended to read as
     3  follows:
     4    1.   A  covenant,  promise,  agreement  or  understanding  in,  or  in
     5  connection with or collateral to a contract or agreement relative to the
     6  construction, alteration, repair or maintenance of  a  building,  struc-
     7  ture,  appurtenances  and  appliances  including  moving, demolition and
     8  excavating connected therewith, purporting to indemnify or hold harmless
     9  the promisee against liability for damage arising out of  bodily  injury
    10  to  persons  or  damage  to  property  not  contributed to, caused by or
    11  resulting from the negligence or other culpable act  of  the  [promisee,
    12  his]  promisor,  its agents [or], employees, subcontractors or [indemni-
    13  tee, whether such negligence be in whole or in part,] vendors is against
    14  public policy and is void and unenforceable; provided that this  section
    15  shall  not  affect  the  validity  of  any  insurance contract, workers'
    16  compensation agreement or other agreement issued by an admitted insurer.
    17  [This subdivision shall not preclude a promisee  requiring  indemnifica-
    18  tion  for  damages  arising out of bodily injury to persons or damage to
    19  property caused by or resulting from the negligence  of  a  party  other
    20  than the promisee, whether or not the promisor is partially negligent.]
    21    §  2.  This  act shall take effect on the thirtieth day after it shall
    22  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00256-01-7