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