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Home » US Law » 2022 Indiana Code » Title 26. Commercial Law » Article 2. Commercial Transactions » Chapter 5. Construction or Design Contracts; Indemnity Agreements Invalid

26-2-5-1. “Construction or Design Contract”; Indemnity Agreements Against Public Policy as Void and Unenforceable; Exceptions

Sec. 1. (a) As used in this section, “construction or design contract” includes a design-build contract under which all of the following for the same project are included: (1) Architectural, engineering, and related design services. (2) Labor, materials, and other construction services. (b) All provisions, clauses, covenants, or agreements contained in, collateral to, or affecting […]

26-2-5-2. Uninsurable Facility Excepted

Sec. 2. This chapter does not apply to a construction or design contract if liability insurance normally available within the United States at standard rates cannot be obtained for the facility being constructed or designed because it constitutes a dangerous instrumentality. Formerly: Acts 1975, P.L.276, SEC.1.

26-2-5-3. Application of Chapter

Sec. 3. This chapter applies to a construction or design contract entered into after June 30, 1975. As added by P.L.1-1989, SEC.53.

26-2-5-4. Void and Unenforceable Terms

Sec. 4. (a) This section applies to contracts entered into on or after July 1, 2019. (b) All provisions, clauses, covenants, or agreements contained in, collateral to, or affecting a contract pertaining to professional services of design professionals, architects, landscape architects, surveyors, engineers, geologists, or geotechnical and environmental consultants that purport to: (1) require the […]