Section 39-9-1 Legislative findings. The Legislature finds that it is in the best interest of this state and its residents to ensure that any private business or individual entering into a road or bridge contract is financially responsible under the tort liability system for damages that the private party may cause while performing under the […]
Section 39-9-2 Definitions. As used in this chapter, the following words have the following meanings: (1) PARTY. A private business or individual that is a party to a road and bridge contract. The term does not include the Department of Transportation, a county commission, or any other governmental awarding authority. (2) ROAD OR BRIDGE CONTRACT. […]
Section 39-9-3 Certain indemnification requirements unenforceable. A road or bridge contract may not require a party to the contract to indemnify, hold harmless, or defend another party for liability, damages, losses, or costs caused by the negligence, wantonness, recklessness, or intentional misconduct of the party to be indemnified or its officers, employees, or agents. Any […]
Section 39-9-4 Certain indemnification requirements permitted. A road or bridge contract may contain a provision requiring a party to the contract to indemnify, hold harmless, or defend another party, but only to the extent that liability, damages, losses, or costs are caused by the negligence, wantonness, recklessness, or intentional conduct of the indemnifying party or […]
Section 39-9-5 Scope of additional insured coverage requirements. A road or bridge contract may not require a party to the contract to provide insurance coverage to another party as an additional insured for claims that arise out of or are caused by the second party’s own negligent, reckless, wanton, or intentional conduct or that of […]
Section 39-9-6 Applicability of certain indemnification requirements. This chapter does not apply to indemnity of a surety by a principal on a construction contract bond or to indemnity of an insurer’s obligations to its insureds. (Act 2021-244, §6.)
Section 39-9-7 Applicability to certain contracts between private parties to public works projects. This chapter only applies to indemnity contracts between private parties to public works projects for roads or bridges and has no effect on third-party tort claims. (Act 2021-244, §7.)
Section 39-9-8 Construction with joint and several liability and workers’ compensation laws. Any provision of law to the contrary notwithstanding, this chapter shall not be interpreted or construed to affect joint and several liability or workers’ compensation laws. (Act 2021-244, §8.)
Section 39-9-9 Contractual obligations. This chapter does not affect contractual obligations of any contracting party to the Department of Transportation, a county commission, or any other awarding entity. (Act 2021-244, §9.)
