HF 2090

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 03:04pm

A bill for an act
relating to civil actions; prohibiting certain indemnification agreements;
proposing coding for new law in Minnesota Statutes, chapter 604.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [604.21] INDEMNITY AGREEMENTS IN DESIGN PROFESSIONAL
SERVICES CONTRACTS VOID.
new text end

new text begin (a) A covenant, clause, or understanding in, collateral to, or affecting a design
professional services contract is against public policy and is void and unenforceable to the
extent it attempts to require the professional to indemnify, to hold harmless, or to defend
any indemnitee from or against liability for loss or damage, resulting from the negligence
or fault of anyone other than the professional, its subconsultants, or others for whom
the professional is legally liable.
new text end

new text begin (b) For purposes of this section, "design professional services contract" means
a written or oral contract or agreement relating to professional or scientific services for
the design, construction, administration, study, evaluation, inspection, site observation,
surveying, mapping, material sampling, testing, or other professional or scientific
services furnished in connection with any actual or proposed improvement to real
property, including without limitation any environmental, compliance, remediation, repair,
maintenance, demolition, or excavation of real property. A design professional services
contract includes, but is not limited to, a contract for services to be performed by a person
licensed under section 326.02.
new text end

new text begin (c) This section supersedes any other inconsistent provision of law.
new text end

Sec. 2. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin This section is effective August 1, 2014, and applies to contracts or agreements
entered into on or after that date.
new text end