Insurance & LiensQuestion 1543 of 1605
A hold-harmless clause where a subcontractor agrees to indemnify the general contractor even for the GC's OWN active negligence is:
a.Limited by California anti-indemnity statutes, which restrict indemnifying a party for its own active negligence in many construction contracts
b.Always fully enforceable in California residential work
c.The same as a certificate of insurance
d.Required by the mechanics lien statute
Explanation
California anti-indemnity statutes (e.g., Civil Code §2782 and §2782.05) limit or void clauses requiring a subcontractor to indemnify a builder or GC for the indemnitee's own active negligence or willful misconduct in many construction contexts. Such broad indemnity is restricted.
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Sen Lin, PrepPass Founder · Verified against California CSLB Contractor License Law & Business Exam · How we review
Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)