§ 9:2773 — Limitations on the responsibility of agents, contractors, and representatives

§2773. Limitations on the responsibility of agents, contractors, and representatives
A. It is the public policy of the state that the responsibility which may be imposed
on an agent, contractor, or representative by reason of the responsibility of proprietors for
ultrahazardous activity under Civil Code Article 667 or ultrahazardous activity under any
other provision of law shall be limited solely to the obligation of such agent, contractor, or
representative to act as the surety of such proprietor in the event the proprietor is held to be
responsible to his neighbor for damage caused him and resulting from the work of such
agent, contractor, or representative, and only in the event the proprietor is unable to satisfy
any claim arising out of such damage. The agent, contractor, or representative who is
responsible for damages, as limited by this Section, shall have a right of action against the
proprietor for any damages, costs, loss, or expense which he may suffer in his capacity as the
surety of the proprietor.
B. Nothing in this Section shall be construed to relieve a contractor of any liability
which he may incur as a result of his own negligence or the improper performance of the
work performed under the construction contract.
C. The provisions of this Section shall apply to all construction agreements entered
into after the effective date hereof and may be waived by the contractor.

Legislative History

Added by Acts 1975, No. 602, §1; Acts 2021, No. 245, §1.