Civil Code §2782 generally makes VOID a construction contract provision requiring one party to indemnify another for that other party's:
Giải thích
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.
Trích dẫn luật: Civ. Code §2782(a) / §2782.05Luyện miễn phí toàn bộ 1632 câu hỏi — không cần đăng ký.
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Câu hỏi liên quan cùng chủ đề
- Which of the following parties is typically the OBLIGEE on a contractor's performance bond for a private project?
- The recorded mechanics lien must be served on the owner within what time relative to recording, along with the Notice of Mechanics Lien?
- A hold-harmless clause where a subcontractor agrees to indemnify the general contractor even for the GC's OWN active negligence is:
- A subcontract requires 'primary and noncontributory' coverage when the sub names the GC as additional insured. That means the sub's policy should:
- On a private project with no notice of completion or cessation recorded and the work simply finished, ALL claimants (direct contractor, subs, and suppliers alike) have how long to record a lien?
- Why might an owner prefer that the general contractor obtain a payment bond rather than rely solely on the contractor to pay subs?
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