Statutes void or limit provisions indemnifying a party against its own fault. Broad form indemnity is prohibited in most states, with intermediate form permitted in some and limited form required in others.
Construction contracts are the principal focus.
Alternative Names:
Anti-Indemnification Statute|Indemnity Limitation Statute
Why it Matters?
A broad form provision in a state voiding it may be void entirely rather than narrowed to the permitted scope, which means drafting to the most restrictive applicable state's limit protects the provision across jurisdictions. Several statutes also reach additional insured requirements, restricting the insurance workaround. Confirming both indemnity and insurance restrictions in the project state is necessary before relying on either.
Frequently Confused with
Related terms
Frequently asked questions
Is an overbroad provision narrowed or voided?
Do statutes reach insurance requirements?
