Maine legality of indemnity agreement

An Act Regarding Contract Indemnification

Sec. 1. 10 MRSA §1112, as enacted by PL 1993, c. 461, §1, is amended to read:

This Except for section 1120-A, this chapter does not apply to contracts entered into by the Department of Transportation.

Sec. 2. 10 MRSA §1120-A is enacted to read:

§ 1120-A . Indemnification agreements against public policy

It is against public policy and is void and unenforceable if, notwithstanding any other provision of this chapter, a provision, clause, covenant or agreement contained in, collateral to or affecting a construction contract purports to require a contractor or subcontractor, a contractor's or subcontractor's surety or that surety's insurer to indemnify the promisee against liability for damages for loss, damage or expense arising from the negligence or willful misconduct of the promisee or an employee, agent or servant of the promisee or an independent contractor who is directly responsible to the promisee.

This bill prohibits certain indemnification agreements, including those by which a promisee requires a contracting party to indemnify the promisee from the promisee's own negligence or willful misconduct.