HB 353: "An Act relating to contractual limitation of civil liability for design defects; and providing for an effective date."
00HOUSE BILL NO. 353 01 "An Act relating to contractual limitation of civil liability for design defects; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 45.45.900 is amended to read: 05 Sec. 45.45.900. INDEMNIFICATION AGREEMENTS AGAINST PUBLIC 06 POLICY. A provision, clause, covenant, or agreement contained in, collateral to, or 07 affecting a construction contract that purports to indemnify the promisee against 08 liability for damages for (1) death or bodily injury to persons, (2) injury to property, 09 (3) design defects, or (4) other loss, damage, or expense arising under (1), (2), or (3) 10 of this section from the sole negligence or wilful misconduct of the promisee or the 11 promisee's agents, servants, or independent contractors who are directly responsible 12 to the promisee, is against public policy and is void and unenforceable; however, this 13 provision does not affect the validity of a [AN INSURANCE] contract [WORKERS' 14 COMPENSATION,] or agreement issued by an insurer subject to the provisions of
01 AS 21; [, OR] a provision, clause, covenant, or agreement of indemnification 02 respecting the handling, containment, or cleanup of oil or hazardous substances as 03 defined in AS 46; or a provision in a construction contract under which the 04 parties agree to allocate or limit liability for design defects. 05 * Sec. 2. This Act applies to a contract that is entered into or renewed on or after the 06 effective date of this Act. 07 * Sec. 3. This Act takes effect July 1, 1996.