Home/Alabama/Statutes/Title 39: Public Works/Ch. 9: Indemnification Provisions in Public Works Contracts Prohibited/§ 39-9-3
Alabama Statutes

§ 39-9-3 — Certain Indemnification Requirements Unenforceable

Alabama § 39-9-3
JurisdictionAlabama
Title 39Public Works
Ch. 9Indemnification Provisions in Public Works Contracts Prohibited

This text of Alabama § 39-9-3 (Certain Indemnification Requirements Unenforceable) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ala. Code § 39-9-3 (2026).

Text

A road or bridge contract may not require a party to the contract to indemnify, hold harmless, or defend another party for liability, damages, losses, or costs caused by the negligence, wantonness, recklessness, or intentional misconduct of the party to be indemnified or its officers, employees, or agents. Any such requirement contained in a contract entered into after April 20, 2021 is void and unenforceable.

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Legislative History

(Act 2021-244, §3.)

Nearby Sections

15
§ 39-1-1
Performance Bonds for Public Works; Payment Bonds; Civil Actions; Notice of Completion of Project; Final Settlement
§ 39-1-2
Inspection of Asphalt Plant Prerequisite to Eligibility to Bid on Asphalt Plant Mix to Be Sold to State
§ 39-1-3
Reimbursement Allowed for Additional Taxes Incurred Due to Increase in Tax Rate During Performance of Contract
§ 39-1-4
Selection of Surety Company, Etc.; Approval of Bonds, Etc
§ 39-1-5
Applicability
§ 39-2-1
Definitions
§ 39-2-10
Issuance of Proceed Orders by Awarding Authorities, Etc
§ 39-2-11
Proceedings Upon Failure of Successful Bidders to Execute Contracts and Furnish Bonds, Etc.; Death of a Low Bidder; Effect of Failure of Awarding Authorities to Complete Execution of Contracts and Issue Proceed Orders; Withdrawal of Low Bid Upon Discovery of Mistake
§ 39-2-12
Partial and Final Payments of Contractors by Awarding Authorities
§ 39-2-13
Promulgation of Rules and Regulations by Awarding Authorities
§ 39-2-14
Registration of Out-of-State Contractors Required; Deposit; Surety Bond
§ 39-2-2
Advertisement for and Opening of Sealed Bids for Public Works Contracts; Violations; Exclusions; Emergency Actions; Sole Source Specification
§ 39-2-3
Fees to Be Paid Department of Transportation for Proposals, Plans, and Specifications; Deposit for Bid Documents; Furnishing of Plans and Specifications to Building Exchanges, Etc
§ 39-2-4
Filing of Guaranties by Bidders; Prequalification Procedures and Criteria; Responsibility of Prequalified Bidders; Revocation of Prequalification; Rejection of Bidder
§ 39-2-5
Return of Proposal Guaranties to Bidders Generally; Disposition of Proposal Guaranty When Award Not Made Within 30 Days of Opening of Proposals
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Bluebook (online)
Alabama § 39-9-3, Counsel Stack Legal Research, https://law.counselstack.com/statute/al/39-9-3.