Text: SF00362                           Text: SF00364
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 363

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  613.20  LIMITATION OF LIABILITY
  1  2 IN CONSTRUCTION CONTRACTS.
  1  3    1.  For purposes of this section:
  1  4    a.  "Limitation or elimination of tort liability" includes,
  1  5 but is not limited to, an indemnification agreement.
  1  6    b.  "Major repair" means a construction, reconstruction,
  1  7 demolition, or remodeling project with a value greater than
  1  8 twenty-five percent of the estimated value of the structure
  1  9 affected by the project.
  1 10    2.  An agreement for limitation or elimination of tort
  1 11 liability in or related to a contract or agreement pertaining
  1 12 to the construction, reconstruction, demolition, remodeling,
  1 13 or major repair of all or part of a structure is void and
  1 14 unenforceable.
  1 15    3.  This section does not apply to the following:
  1 16    a.  An insurance contract, construction bond, workers'
  1 17 compensation plan, or similar agreement lawfully issued by an
  1 18 insurer or bonding company.
  1 19    b.  An offer to compromise disputed claims or an agreement
  1 20 to settle existing or potential litigation claims.
  1 21    c.  A contract for or a clause in a contract requiring
  1 22 arbitration or mediation of disputed claims.
  1 23    d.  A valid liquidated damages provision.
  1 24    e.  Limitation of liability established pursuant to
  1 25 statute.  
  1 26                           EXPLANATION
  1 27    This bill creates a new Code section providing that
  1 28 limitations of liability, including but not limited to
  1 29 indemnification provisions, related to certain construction
  1 30 contracts are void and unenforceable.  The section includes
  1 31 definitions, as well as specifically excludes from its scope
  1 32 certain insurance contracts, settlement agreements,
  1 33 arbitration or mediation clauses, liquidated damages clauses,
  1 34 and statutory limitations on liability which are related to
  1 35 construction contracts.  
  2  1 LSB 2571XS 78
  2  2 jj/gg/8
     

Text: SF00362                           Text: SF00364
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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