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.

Terms Used In Indiana Code 26-2-5-1

  • Contract: A legal written agreement that becomes binding when signed.
  • Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(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.

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