The legislation, signed into law by Governor Roy Cooper on July 8, 2019, both expanded and restricted the permissible scope of certain indemnity agreements. The Consolidated Sewerage District No. However, at some point the statute and the common law rules will intersect. The Massachusetts Anti-Idling Statute - Medfield, MA - Did you know that leaving your car idling is illegal and can get you a fine Up To $500? Massachusetts, similarly to many other states, does not allow common law indemnity claims as an end-run around the statutory bar (prohibiting employees from suing their employers) in its worker's comp statute. Anti-indemnity statutes may prohibit the transfer of any liability attributable to the transferor's negligence; or, alternatively, they may prohibit only the transfer of liability arising from the transferor's sole negligence. Even so, some questions exist as to what the practical effect of the new law will be. INTRODUCTION. Several anti-indemnity statutes have been interpreted by courts as applying to insurance, even though the statute otherwise appears silent on the issue or, worse, suggests that insurance agreements are exempt. The document can hold a party free from legal action, fees, claims and losses. Anti-Indemnity Statute Refuses Coverage of Sole Negligence of Additional Insured. 45.45.900 Bars indemnity for sole fault. Contractors, Inc. v. Gilbane Bldg. Nebraska’s Anti-Indemnity Statute . However, that does not mean that any and all indemnity agreements are neces-2 See generally Bruner & O'Connor Construction Law § 10:2. At the outset contractors need to consider whether the statute applies to the work they are performing. Code. There is little case law regarding challenges to states’ anti-indemnification statutes at this time. •Texas Oilfield Indemnity Act •Louisiana Oilfield Indemnity Act •Applies without regard to Parties' choice of law provision in contract. 3 North Dakota does not have a general anti-indemnity statute for construc-tion contracts. Some parties may be considered high risk, and thus an indemnity agreement holds another party harmless. Texas regulation of construction indemnity. Introducing The Construction Anti-Indemnity Act: The Baby And The Bathwater . In general, states enact anti-indemnity statutes on public policy grounds. state Anti -Indemnity Acts. Coghlin Elec. B-1 APPENDIX B: ANTI-INDEMNITY STATUTES APPLICABLE TO PUBLIC AGENCY CONTRACT State Code Section Summary* Comments Alaska Alaska Stat. Unclear or no statute. Mont. This type of anti-indemnity statute voids contract provisions that require indemnification for losses or damages arising out of the indemnitee’s negligence, whether sole or partial. provide that the anti-indemnity statute shall not prohibit any employee from recovering damages, compensation, or benefits under workers’ compensation laws or any other claim or cause of action. The LOAIA prohibits an indemnitor from indemnifying an indemnitee for injury to persons that is the fault of the indemnitee. A provision in a construction contract requiring one party to indemnify, hold harmless, insure or defend another party against its own negligence is contrary to public policy and void. Texas enacted the Texas Oilfield Anti-Indemnity Act (TOAA), and Louisiana enacted the Louisiana Oilfield Anti-Indemnity Act (LOAIA) in 1981. Nebraska’s anti-indemnity statute is a source of concern for construction contractors looking to avoid risk and liability. Brett M. Bruneteau* I. Anti-Indemnity Statutes. Ann. Virginia’s anti-indemnity statute is a case in point. ANTI-INDEMNITY STATUTES A majority of states have enacted an anti-indemnity statute, which provide guidance on the level of risk that can be transferred between parties to a construction contract. No Anti-Indemnity Statute. Courts in Massachusetts, for example, have explicitly made this determination Other courts have ruled to the contrary Indemnity Wars: Anti-Indemnity Legislation Across the Fifty States, 8 No. Indemnity means to hold someone harmless for an action. § 28-2-2111(1). 2 Journal of the American College of Construction Lawyers Anti-Indemnity Statutes in the 50 States Published by: Foundation of the American Subcontractors Association, Inc. 1004 Duke Street Alexandria, VA 22314-3588 Telephone: (888) 374-3133 Fax: (888) 374-3133 e-mail: ASAOffice@asa-hq.com Web site: www.fasaonline.com part of the Capitol Square, Suite 1800 65 E. State Street Columbus, Ohio 43215-4294 Donald W. Gregory, Esq. 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