Minnesota Legislature
HF 2090
1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 04/25/2014 09:40am
KEY: stricken = removed, old language.
underscored = added, new language.
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, defend, 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.
1.11EFFECTIVE DATE.This section is effective the day following final enactment
1.12and applies to agreements in force on, or entered into on or after, that date.
1.13 Sec. 2. [604.21] INDEMNITY AGREEMENTS IN DESIGN PROFESSIONAL
1.14SERVICES CONTRACTS VOID.
1.15(a) A provision contained in, or executed in connection with, a design professional
1.16services contract is void and unenforceable to the extent it attempts to require an
1.17indemnitor to indemnify, to hold harmless, or to defend an indemnitee from or against
1.18liability for loss or damage resulting from the negligence or fault of anyone other than the
1.19indemnitor or others for whom the indemnitor is legally liable.
1.20(b) For purposes of this section, "design professional services contract" means a
1.21contract under which some portion of the work or services is to be performed or supervised
1.22by a person licensed under section 326.02, and is furnished in connection with any actual
1.23or proposed maintenance of or improvement to real property, highways, roads, or bridges.
2.1(c) This section does not apply to the extent that the obligation to indemnify, to hold
2.2harmless, or to defend an indemnitee is able to be covered by insurance.
2.3(d) This section does not apply to agreements referred to in section 337.03 or 337.04.
2.4(e) A provision contained in, or executed in connection with, a design professional
2.5services contract for any actual or proposed maintenance of, or improvement to, real
2.6property, highways, roads, or bridges located in Minnesota that makes the contract subject
2.7to the laws of another state or requires that any litigation, arbitration, or other dispute
2.8resolution process on the contract occur in another state is void and unenforceable.
2.9(f) This section supersedes any other inconsistent provision of law.
2.10EFFECTIVE DATE; APPLICATION.This section is effective August 1, 2014,
2.11and applies to contracts or agreements entered into on or after that date.
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, defend, 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.
1.11EFFECTIVE DATE.This section is effective the day following final enactment
1.12and applies to agreements in force on, or entered into on or after, that date.
1.13 Sec. 2. [604.21] INDEMNITY AGREEMENTS IN DESIGN PROFESSIONAL
1.14SERVICES CONTRACTS VOID.
1.15(a) A provision contained in, or executed in connection with, a design professional
1.16services contract is void and unenforceable to the extent it attempts to require an
1.17indemnitor to indemnify, to hold harmless, or to defend an indemnitee from or against
1.18liability for loss or damage resulting from the negligence or fault of anyone other than the
1.19indemnitor or others for whom the indemnitor is legally liable.
1.20(b) For purposes of this section, "design professional services contract" means a
1.21contract under which some portion of the work or services is to be performed or supervised
1.22by a person licensed under section 326.02, and is furnished in connection with any actual
1.23or proposed maintenance of or improvement to real property, highways, roads, or bridges.
2.1(c) This section does not apply to the extent that the obligation to indemnify, to hold
2.2harmless, or to defend an indemnitee is able to be covered by insurance.
2.3(d) This section does not apply to agreements referred to in section 337.03 or 337.04.
2.4(e) A provision contained in, or executed in connection with, a design professional
2.5services contract for any actual or proposed maintenance of, or improvement to, real
2.6property, highways, roads, or bridges located in Minnesota that makes the contract subject
2.7to the laws of another state or requires that any litigation, arbitration, or other dispute
2.8resolution process on the contract occur in another state is void and unenforceable.
2.9(f) This section supersedes any other inconsistent provision of law.
2.10EFFECTIVE DATE; APPLICATION.This section is effective August 1, 2014,
2.11and applies to contracts or agreements entered into on or after that date.