§ 22B-1. Construction indemnity agreements invalid. - North Carolina Statutes

Chapter22B.

Contracts Against PublicPolicy.

Article 1.

Invalid Agreements.

§ 22B‑1.  Constructionindemnity agreements invalid.

Any promise or agreement in,or in connection with, a contract or agreement relative to the design,planning, construction, alteration, repair or maintenance of a building,structure, highway, road, appurtenance or appliance, including moving,demolition and excavating connected therewith, purporting to indemnify or holdharmless the promisee, the promisee's independent contractors, agents,employees, or indemnitees against liability for damages arising out of bodilyinjury to persons or damage to property proximately caused by or resulting fromthe negligence, in whole or in part, of the promisee, its independentcontractors, agents, employees, or indemnitees, is against public policy and isvoid and unenforceable. Nothing contained in this section shall prevent orprohibit a contract, promise or agreement whereby a promisor shall indemnify orhold harmless any promisee or the promisee's independent contractors, agents,employees or indemnitees against liability for damages resulting from the solenegligence of the promisor, its agents or employees. This section shall notaffect an insurance contract, workers' compensation, or any other agreementissued by an insurer, nor shall this section apply to promises or agreementsunder which a public utility as defined in G.S. 62‑3(23) including arailroad corporation as an indemnitee. This section shall not apply tocontracts entered into by the Department of Transportation pursuant to G.S. 136‑28.1.(1979, c. 597, s. 1; 1991, c. 636, s. 3; 1993, c. 553, s. 12.)