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Pennsylvania House of Representatives
06/03/2024 04:21 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20230&chamber=H&cosponId=40493
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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: April 14, 2023 10:41 AM
From: Representative Joseph C. Hohenstein and Rep. Jason Ortitay
To: All House members
Subject: Anti-Indemnity in Construction Contracts
 
Indemnity statutes in construction contracts are a growing issue in Pennsylvania, where many construction contractors are forced to accept liability for another party’s negligence when entering into construction contracts.  This is unfair to those contractors and can also enforce a negative reputation on the contractor’s business.  This issue must be resolved, and we as the General Assembly must work to protect these contractors.
 
My legislation will void any provision in construction contracts in which a party is indemnified, or excused from being held liable, for damages resulting from that party's negligence.  Such legislation will help protect Pennsylvania construction contractors from being forced to accept liability for someone else’s negligence.  Forty-five states have enacted some form of anti-indemnity statutes in construction contracts. 
 
Please join me in protecting construction contractors and keeping all parties honest in their mistakes by co-sponsoring this bill.
 


Introduced as HB1164