Key: (1) language to be deleted (2) new language
CHAPTER 87-H.F.No. 872
An act relating to contracts; regulating building and
construction contracts; providing for the
enforceability of certain agreements indemnifying
against environmental liability; amending Minnesota
Statutes 1998, section 337.02.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 337.02, is
amended to read:
337.02 [UNENFORCEABILITY OF CERTAIN AGREEMENTS.]
An indemnification agreement contained in, or executed in
connection with, a building and construction contract is
unenforceable except to the extent that: (1) the underlying
injury or damage is attributable to the negligent or otherwise
wrongful act or omission, including breach of a specific
contractual duty, of the promisor or the promisor's independent
contractors, agents, employees, or delegatees; or (2) an owner,
a responsible party, or a governmental entity agrees to
indemnify a contractor directly or through another contractor
with respect to strict liability under environmental laws.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment
and applies to agreements entered into on or after that date.
Presented to the governor April 20, 1999
Signed by the governor April 23, 1999, 11:39 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes