As Amended by House Committee
Session of 1999
HOUSE BILL No. 2483
By Committee on Federal and State Affairs
10 AN ACT concerning construction contracts; relating to indemnification
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. (a) When used in this section:
15 (1) "Construction contract" means a contract or agreement relative
16 to or collateral to the design, construction, alteration, repair or mainte-
17 nance of a building, structure, highway, road, bridge, water line, sewer
18 line, oil line, gas line, appurtenance, appliance or other improvement to
19 real property, including any moving, demolition or excavation under a
20 construction contract.
21 (2) "Damages" means personal injury damages, property damages or
22 economic loss.
23 (3) "Indemnification
agreement provision" means a covenant,
24 promise, agreement or understanding in connection with or collateral to
25 a construction contract that requires the promisor to insure, hold harm-
26 less, indemnify or defend the promisee or others against liability for
28 (b) An indemnification provision in a construction contract is
29 against public policy and is void and unenforceable.
30 (c) This section shall not be construed to affect or impair the obli-
31 gations of contracts for insurance, workers compensation, bonding, ex-
32 pressed warranties, implied warranties, guarantees or settlement
34 (d) This section shall not be construed to affect or impair a promisor's
35 liability for damages caused by a promisor's own negligence or breach of
37 Sec. 2. This act shall take effect and be in force from and after its
38 publication in the statute book.