Oregon Statutes 30.145 – Certain provisions relating to waivers in construction agreements void
(1) Except as provided in this section, a provision in a construction agreement is void to the extent that the provision requires a party or the party’s surety or insurer to waive a right of subrogation, indemnity or contribution for amounts paid by reason of death or bodily injury, or damage to property, caused in whole or in part by the negligence of another person.
Terms Used In Oregon Statutes 30.145
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) This section does not apply to a provision for waiver of subrogation, indemnity or contribution in an insurance policy issued pursuant to ORS § 737.602 or to a provision for waiver of subrogation, indemnity or contribution that applies to proceeds of a property insurance policy.
(3) This section does not apply to a provision for waiver of subrogation, indemnity or contribution in a real property lease or rental agreement between a landlord and tenant, whether or not any provision of the lease or rental agreement relates to or involves planning, designing, constructing, altering, repairing, improving or maintaining, as long as the predominant purpose of the lease or rental agreement is not planning, designing, constructing, altering, repairing, improving or maintaining real property.
(4) This section does not apply to a provision for waiver of subrogation, indemnity or contribution in a personal property lease or rental agreement.
(5) This section does not apply to a provision for waiver of subrogation, indemnity or contribution in a construction agreement in which one of the parties is a railroad as defined in ORS § 824.200.
(6) As used in this section, ‘construction agreement’ has the meaning given that term in ORS § 30.140. [2011 c.518 § 1]
[2001 c.616 § 3; renumbered 31.155 in 2003]
[Formerly 30.760; renumbered 31.200 in 2003]
[1955 c.365 § 1; renumbered 31.205 in 2003]
[1955 c.365 § 2; renumbered 31.210 in 2003]
[1955 c.365 § 3; 1991 c.249 § 4; renumbered 31.215 in 2003]
[1955 c.365 § 4; renumbered 31.220 in 2003]
[1955 c.365 § 5; renumbered 31.225 in 2003]
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