Contracts & ExecutionQuestion 529 of 690
A prime contractor's subcontract requires the subcontractor to indemnify the prime for ALL claims, including those arising from the prime's SOLE negligence. Under Civil Code §2782, this broad-form indemnity provision is:
a.Enforceable if signed by a licensed subcontractor
b.Enforceable only on public works projects
c.Void and unenforceable as against public policy
d.Enforceable only when the subcontract is over $50,000
Explanation
Civil Code §2782 voids any construction contract clause that purports to indemnify a party for liability caused by its sole negligence or willful misconduct. This anti-broad-form-indemnity rule cannot be waived.
Law Reference: Civ. Code §2782Practice all 690 questions free — no signup required.
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