Sec. 52-572k. Hold harmless clause against public policy in certain construction contracts. - Connecticut Statutes

      Sec. 52-572k. Hold harmless clause against public policy in certain construction contracts. (a) Any covenant, promise, agreement or understanding entered into in connection with or collateral to a contract or agreement relative to the construction, alteration, repair or maintenance of any building, structure or appurtenances thereto including moving, demolition and excavating connected therewith, that purports to indemnify or hold harmless the promisee against liability for damage arising out of bodily injury to persons or damage to property caused by or resulting from the negligence of such promisee, such promisee's agents or employees, is against public policy and void, provided this section shall not affect the validity of any insurance contract, workers' compensation agreement or other agreement issued by a licensed insurer.

      (b) The provisions of this section shall apply to covenants, promises, agreements or understandings entered into on or after the thirtieth day next succeeding October 1, 1977.

      (P.A. 77-356; P.A. 79-376, S. 73; P.A. 01-155, S. 2.)

      History: P.A. 79-376 substituted "workers' compensation" for "workmen's compensation"; P.A. 01-155 amended Subsec. (a) by substituting "negligence" for "sole negligence" and by making a technical change for purposes of gender neutrality.

      The legislature, in specifically outlawing hold harmless agreements in the construction industry, showed an intention that such a practice not be deemed against public policy in other situations; had legislature intended to outlaw all such provisions, it could have said so. 1 CA 54. Waiver of subrogation provision in contract was not an agreement to hold harmless or to indemnify. 77 CA 167.

      Enforcing an "additional insured" clause does not violate the provisions of this section. 50 CS 563.