as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to contracts; regulating building and 1.3 construction contracts; providing for the 1.4 enforceability of certain agreements indemnifying 1.5 against environmental liability; amending Minnesota 1.6 Statutes 1998, section 337.02. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 1998, section 337.02, is 1.9 amended to read: 1.10 337.02 [UNENFORCEABILITY OF CERTAIN AGREEMENTS.] 1.11 An indemnification agreement contained in, or executed in 1.12 connection with, a building and construction contract is 1.13 unenforceable except to the extent that: (1) the underlying 1.14 injury or damage is attributable to the negligent or otherwise 1.15 wrongful act or omission, including breach of a specific 1.16 contractual duty, of the promisor or the promisor's independent 1.17 contractors, agents, employees, or delegatees; or (2) an owner, 1.18 a responsible party, or a governmental entity agrees to 1.19 indemnify a contractor directly or through another contractor 1.20 with respect to strict liability under environmental laws. 1.21 Sec. 2. [EFFECTIVE DATE.] 1.22 Section 1 is effective the day following final enactment 1.23 and applies to agreements entered into on or after that date.