HF 872

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to contracts; regulating building and 
  1.3             construction contracts; providing for the 
  1.4             enforceability of certain agreements indemnifying 
  1.5             against environmental liability; amending Minnesota 
  1.6             Statutes 1998, section 337.02. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 337.02, is 
  1.9   amended to read: 
  1.10     337.02 [UNENFORCEABILITY OF CERTAIN AGREEMENTS.] 
  1.11     An indemnification agreement contained in, or executed in 
  1.12  connection with, a building and construction contract is 
  1.13  unenforceable except to the extent that:  (1) the underlying 
  1.14  injury or damage is attributable to the negligent or otherwise 
  1.15  wrongful act or omission, including breach of a specific 
  1.16  contractual duty, of the promisor or the promisor's independent 
  1.17  contractors, agents, employees, or delegatees; or (2) an owner, 
  1.18  a responsible party, or a governmental entity agrees to 
  1.19  indemnify a contractor directly or through another contractor 
  1.20  with respect to strict liability under environmental laws. 
  1.21     Sec. 2.  [EFFECTIVE DATE.] 
  1.22     Section 1 is effective the day following final enactment 
  1.23  and applies to agreements entered into on or after that date.