HF 2090

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 04/25/2014 09:40 a.m.

1.1A bill for an act 1.2relating to civil actions; prohibiting certain indemnification agreements; 1.3amending Minnesota Statutes 2012, section 337.01, subdivision 3; proposing 1.4coding for new law in Minnesota Statutes, chapter 604. 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6    Section 1. Minnesota Statutes 2012, section 337.01, subdivision 3, is amended to read: 1.7    Subd. 3. Indemnification agreement. "Indemnification agreement" means an 1.8agreement by the promisor to indemnify new text begin , defend, new text end or hold harmless the promisee against 1.9liability or claims of liability for damages arising out of bodily injury to persons or out of 1.10physical damage to tangible or real property. 1.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 1.12 new text begin and applies to agreements in force on, or entered into on or after, that date. new text end 1.13    Sec. 2. new text begin [604.21] INDEMNITY AGREEMENTS IN DESIGN PROFESSIONAL new text end 1.14 new text begin SERVICES CONTRACTS VOID. new text end 1.15 new text begin (a) A provision contained in, or executed in connection with, a design professional new text end 1.16 new text begin services contract is void and unenforceable to the extent it attempts to require an new text end 1.17 new text begin indemnitor to indemnify, to hold harmless, or to defend an indemnitee from or against new text end 1.18 new text begin liability for loss or damage resulting from the negligence or fault of anyone other than the new text end 1.19 new text begin indemnitor or others for whom the indemnitor is legally liable. new text end 1.20 new text begin (b) For purposes of this section, "design professional services contract" means a new text end 1.21 new text begin contract under which some portion of the work or services is to be performed or supervised new text end 1.22 new text begin by a person licensed under section 326.02, and is furnished in connection with any actual new text end 1.23 new text begin or proposed maintenance of or improvement to real property, highways, roads, or bridges. new text end 2.1 new text begin (c) This section does not apply to the extent that the obligation to indemnify, to hold new text end 2.2 new text begin harmless, or to defend an indemnitee is able to be covered by insurance. new text end 2.3 new text begin (d) This section does not apply to agreements referred to in section 337.03 or 337.04. new text end 2.4 new text begin (e) A provision contained in, or executed in connection with, a design professional new text end 2.5 new text begin services contract for any actual or proposed maintenance of, or improvement to, real new text end 2.6 new text begin property, highways, roads, or bridges located in Minnesota that makes the contract subject new text end 2.7 new text begin to the laws of another state or requires that any litigation, arbitration, or other dispute new text end 2.8 new text begin resolution process on the contract occur in another state is void and unenforceable. new text end 2.9 new text begin (f) This section supersedes any other inconsistent provision of law. new text end 2.10 new text begin EFFECTIVE DATE; APPLICATION. new text end new text begin This section is effective August 1, 2014, new text end 2.11 new text begin and applies to contracts or agreements entered into on or after that date. new text end