§ 38:2195 — Prohibited provisions

Louisiana § 38:2195

• Jurisdiction: Louisiana
• Title 38: Public Contracts, Works and Improvements

Text

§2195. Prohibited provisions
A. It is hereby declared that any provision contained in a public contract, other than
a provision naming another as a coinsured or additional beneficiary in a contract of
insurance, which requires a public entity to assume liability for damages arising out of
injuries or property damage to the contracting parties or to third parties caused by the
negligence of anyone other than the public body, its employees, or agents, is contrary to the
public policy of the state of Louisiana. Any and all such provisions in any and all public
contracts issued on or after October 1, 1988, are null and void.
B. It is hereby declared that any provision contained in a public contract, other than
a provision naming another as a coinsured or additional beneficiary in a contract of
insurance, which requires a contracting private party to assume liability for damages arising
out of injuries or property damage to a public entity caused by the negligence of anyone other
than the contracting private party, its employees, or agents, is contrary to the public policy
of the state of Louisiana. Any and all such provisions in any and all public contracts shall
be null and void.
C. The provisions of this Section shall be inapplicable with respect to intrastate
intergovernmental contracts and to contracts with private providers for the placement and
care of persons in the custody of the state.
D. The provisions of this Section shall not apply to contracts between any public
entity and the owner of immovable property when the purpose of the contract is to grant the
public entity a servitude, right of way, or other authority to go upon, construct works,
perform activities, or otherwise exercise control over or use the owner's property.

Legislative History

Acts 1991, No. 734, §1; Acts 1991, No. 1044, §1; Acts 2023, No. 379, §1.