§431:10-222  Construction industry; indemnity agreements invalid.  Any covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair or maintenance of a building, structure, appurtenance or appliance, including moving, demolition or excavation connected therewith, purporting to indemnify the promisee against liability for bodily injury to persons or damage to property caused by or resulting from the sole negligence or wilful misconduct of the promisee, the promisee's agents or employees, or indemnitee, is invalid as against public policy, and is void and unenforceable; provided that this section shall not affect any valid workers' compensation claim under chapter 386 or any other insurance contract or agreement issued by an admitted insurer upon any insurable interest under this code. [L 1987, c 347, pt of §2]

Cross References

  Insurance policies issued to construction professionals, see §431:1-217.

Case Notes

  Where construction contract contained indemnity language providing that subcontractor agreed to "indemnify, defend and hold harmless" developer against all claims and liabilities, intermediate court of appeals erred in holding subcontractor had a duty arising from the outset of litigation to defend developer against claims of negligent design, construction, and supervision resulting in the injury and death of plaintiff, because:  (1) this section renders invalid any provision in a construction contract requiring the promisor to defend the promisee against liability for bodily injury to persons or damage to property caused by or resulting from the sole negligence or wilful misconduct of the promisee; and (2) the scope of a promisor's duty to defend in a construction contract is determined at the end of litigation.  138 H. 85, 377 P.3d 26 (2016).