A prime contractor's standard subcontract requires the subcontractor to indemnify the prime against every loss arising on the job, including a loss caused by the prime's own negligence alone. Under Civil Code §2782, that indemnity is:
Explanation
Section 2782(a) declares against public policy, and void and unenforceable, any provision in a construction contract that purports to indemnify the promisee against liability arising from the promisee's SOLE negligence or willful misconduct. Agreement does not save it, and insurance does not save it: the section voids the clause whatever the parties wrote and whatever cover stands behind it. Nor is it limited to bodily injury; the section names death, bodily injury, injury to property and other loss alike.
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