§ 26-2-5-4 — Void and unenforceable terms

Indiana § 26-2-5-4

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 2: COMMERCIAL TRANSACTIONS
• Ch. 5: Construction or Design Contracts; Indemnity

Text

(a) This section applies to contracts entered into
on or after July 1, 2019.
(b) All provisions, clauses, covenants, or agreements contained in,
collateral to, or affecting a contract pertaining to professional services
of design professionals, architects, landscape architects, surveyors,
engineers, geologists, or geotechnical and environmental consultants
that purport to:
(1) require the professional to defend the promisee against a
professional liability claim; or
(2) indemnify the promisee against liability other than liability for
damages and losses arising out of third party claims to the extent
the damages and losses are caused by the professional's willful
misconduct or negligence;
are against public policy and are void and unenforceable.

Legislative History

As added by P.L.65-2019, SEC.2.