Insurance & LiensQuestion 1544 of 1632

Civil Code §2782 generally makes VOID a construction contract provision requiring one party to indemnify another for that other party's:

a.Failure to get the required building permit
b.Delay in completing the work as scheduled
c.Sole negligence or willful misconduct
d.Failure to pay its own subcontractors

Explanation

Civil Code §2782(a) makes void and unenforceable, as against public policy, a construction contract provision purporting to indemnify the promisee against liability for death or bodily injury, injury to property, or any other loss arising from the promisee's own sole negligence or willful misconduct, or from defects in design furnished by the promisee. §2782.05 goes further inside subcontracts, voiding a subcontractor's indemnity of the general contractor for the general contractor's active negligence, subject to the exceptions the section lists. (a), (b) and (d) are ordinary commercial risks that parties remain free to allocate by contract — which is why the item turns on fault, not on inconvenience.

Law Reference: Civ. Code §2782(a) / §2782.05

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