§ 5-322.1 — Agreements exempting owners and contractors from liability for negligence void and unenforceable; certain cases

New York § 5-322.1

• Jurisdiction: New York
• Law GOB: General Obligations
• Title 3: Certain Prohibited Contracts and Provisions of Contracts
• Art. 5: Creation, Definition and Enforcement of Contractual Obligations

Text

§ 5-322.1. Agreements exempting owners and contractors from liability\nfor negligence void and unenforceable; certain cases. 1. A covenant,\npromise, agreement or understanding in, or in connection with or\ncollateral to a contract or agreement relative to the construction,\nalteration, repair or maintenance of a building, structure,\nappurtenances and appliances including moving, demolition and excavating\nconnected therewith, purporting to indemnify or hold harmless the\npromisee against liability for damage arising out of bodily injury to\npersons or damage to property contributed to, caused by or resulting\nfrom the negligence of the promisee, his agents or employees, or\nindemnitee, whether such negligence be in whole or in part, is against\npublic policy and is void and unenforceable; provided that this section\nshall not affect the validity of any insurance contract, workers'\ncompensation agreement or other agreement issued by an admitted insurer.\nThis subdivision shall not preclude a promisee requiring indemnification\nfor damages arising out of bodily injury to persons or damage to\nproperty caused by or resulting from the negligence of a party other\nthan the promisee, whether or not the promisor is partially negligent.\n 2. A covenant, promise, agreement or understanding in, or in\nconnection with or collateral to a contract or agreement relative to the\nconstruction, alteration, repair or maintenance of a building,\nstructure, appurtenances and appliances including moving, demolition and\nexcavating connected therewith, purporting to condition a\nsubcontractor's or materialman's right to file a claim and/or commence\nan action on a payment bond on exhaustion of another legal remedy is\nagainst public policy and is void and unenforceable; provided that this\nsubdivision shall not affect the validity of any insurance contract,\nworkers' compensation agreement or other agreement issued by an admitted\ninsurer.\n 3. The provisions of this section shall only apply to covenants,\npromises, agreements or understandings in, or in connection with or\ncollateral to a contract or agreement, as enumerated in subdivision one\nhereof, entered into on or after the thirtieth day next succeeding the\ndate on which it shall have become a law.\n