434.100. Construction contracts holding harmless a person's negligence or wrongdoing are void and contra to public policy, exceptions. - Missouri Statutes

Construction contracts holding harmless a person's negligence orwrongdoing are void and contra to public policy, exceptions.

434.100. 1. Except as provided in subsection 2 of this section, inany contract or agreement for public or private construction work, aparty's covenant, promise or agreement to indemnify or hold harmlessanother person from that person's own negligence or wrongdoing is void asagainst public policy and wholly unenforceable.

2. The provisions of subsection 1 of this section shall not apply to:

(1) A party's covenant, promise or agreement to indemnify or holdharmless another person from the party's own negligence or wrongdoing orthe negligence or wrongdoing of the party's subcontractors and suppliers ofany tier;

(2) A party's promise to cause another person or entity to be coveredas an insured or additional insured in an insurance contract;

(3) A contract or agreement between state agencies or politicalsubdivisions or between such governmental agencies;

(4) A contract or agreement between a private person and suchgovernmental entities for the use or operation of public property or apublic facility;

(5) A contract or agreement with the owner of the public property forthe construction, use, maintenance or operation of a private facility whenit is located on such public property;

(6) A permit, authorization or contract with such governmentalentities for the movement of property on the public highways, roads orstreets of this state or any political subdivision;

(7) Construction bonds, or insurance contracts or agreements;

(8) An agreement containing a party's promise to indemnify, defend orhold harmless another person, if the agreement also requires the party toobtain specified limits of insurance to insure the indemnity obligation andthe party had the opportunity to recover the cost of the required insurancein its contract price; provided, however, that in such case the party'sliability under the indemnity obligation shall be limited to the coverageand limits of the required insurance; or

(9) Railroads regulated by the Federal Railroad Administration.

3. For the purposes of this section, "construction work" shallinclude, but not be limited to, the construction, alteration, maintenanceor repair of any building, structure, highway, bridge, viaduct, orpipeline, or demolition, moving or excavation connected therewith, andshall include the furnishing of surveying, design, engineering, planning ormanagement services, or labor, materials or equipment, in connection withsuch work.

4. The provisions of this section shall apply only to contracts oragreements entered into after August 28, 1999.

(L. 1999 H.B. 256)