SENATE DOCKET, NO. 1165        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 891

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Michael F. Rush

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act limiting indemnity and insurance responsibility for general contractors and subcontractors in construction work.

_______________

PETITION OF:

 

Name:

District/Address:

Michael F. Rush

Norfolk and Suffolk

Michael O. Moore

Second Worcester

Robert L. Hedlund

Plymouth and Norfolk


SENATE DOCKET, NO. 1165        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 891

By Mr. Rush, a petition (accompanied by bill, Senate, No. 891) of Michael F. Rush, Michael O. Moore and Robert L. Hedlund for legislation to limit indemnity and insurace responsibility for general contractors and subcontractors.  Labor and Workforce Development.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 953 OF 2011-2012.]

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act limiting indemnity and insurance responsibility for general contractors and subcontractors in construction work.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 29C of Chapter 149 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the entire section and inserting in place thereof the following new section:-

Section 29C. Any provision for or in connection with a contract or subcontract for construction, reconstruction, installation, alteration, remodeling, repair, demolition or maintenance work, including without limitation, excavation, backfilling or grading, on any building or structure, whether underground or above ground, or on any real property, including without limitation any road, bridge, tunnel, sewer, water or other utility line, which requires one party to indemnify or insure the other party, or anyone identified in the contract or subcontract as an indemnitee or additional insured, for injury to persons or damage to property to a greater extent than the proportion of said injury or damage proximately caused by the negligence of the indemnitor shall be unenforceable and void. Any such indemnification or insurance provision shall be interpreted to require indemnification or insurance only to the proportional extent the negligence of the indemnitor, its agents or employees is a proximate cause of the injury or damage.

Nothing in this section shall be construed to alter existing law governing the liability of joint tortfeasors to a plaintiff.