Contratos y EjecuciónPregunta 1616 de 1632
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:
a.Void and unenforceable, because it reaches the promisee's sole negligence
b.Enforceable, because the subcontractor read the clause and signed the subcontract
c.Enforceable, so long as the subcontractor carries general liability insurance
d.Void only where the loss is bodily injury rather than damage to property
Explicación
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.
Referencia Legal: Civil Code §2782(a)Practica las 1632 preguntas gratis — sin registro.
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Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)