HOUSE DOCKET, NO. 2465        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1712

The Commonwealth of Massachusetts

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PRESENTED BY:

Thomas A. Golden, Jr.

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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 to limit indemnity and insurance responsibility for general contractors and subcontractors in construction work.

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PETITION OF:

HOUSE DOCKET, NO. 2465        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1712

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1727 OF 2013-2014.]

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act to limit 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:
 

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