Terms Used In South Dakota Codified Laws 34-44-9.1
- Asbestos contractor: any person that undertakes an asbestos project, including inspections for asbestos-containing materials, prepares an asbestos management plan, or designs or carries out an asbestos abatement project. See South Dakota Codified Laws 34-44-1
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- State: the State of South Dakota. See South Dakota Codified Laws 2-14-2
If asbestos abatement is a part of any project, neither the owner, employees or agents of the owner, nor any other person may have any claim, right, or action against the prime contractor for any asbestos related injury or damage arising from the activities of a certified asbestos abatement subcontractor. Unless exempt under applicable state and federal law, no asbestos abatement work may be performed except by a certified asbestos contractor. A certified asbestos abatement subcontractor shall hold the owner and general contractor harmless from any liability arising from such subcontractor’s activities on the project. A certified asbestos abatement contractor shall cause the owner and, if acting as a subcontractor, the general contractor to be named as additional insureds and provide sufficient proof of insurance for purposes of this section.