2023 Indiana Code
Title 26. Commercial Law
Article 2. Commercial Transactions
Chapter 5. Construction or Design Contracts; Indemnity Agreements Invalid
26-2-5-1. "Construction or Design Contract"; Indemnity Agreements Against Public Policy as Void and Unenforceable; Exceptions
Sec. 1. (a) As used in this section, "construction or design contract" includes a design-build contract under which all of the following for the same project are included:
(1) Architectural, engineering, and related design services.
(2) Labor, materials, and other construction services.
(b) All provisions, clauses, covenants, or agreements contained in, collateral to, or affecting any construction or design contract, except those pertaining to highway contracts, which purport to indemnify the promisee against liability for:
(1) death or bodily injury to persons;
(2) injury to property;
(3) design defects; or
(4) any other loss, damage, or expense arising under subdivision (1), (2), or (3);
from sole negligence or willful misconduct of the promisee are against public policy and are void and unenforceable. Sole negligence does not include vicarious liability, imputed negligence, or assumption of a nondelegable duty.
Formerly: Acts 1975, P.L.276, SEC.1. As amended by P.L.65-2019, SEC.1.
