PRINTER'S NO. 1229
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1164
Session of
2023
INTRODUCED BY HOHENSTEIN, ORTITAY, MADDEN, PICKETT, HILL-EVANS,
GALLOWAY, GALLAGHER, MALAGARI, NEILSON, MENTZER, GAYDOS AND
WARREN, MAY 18, 2023
REFERRED TO COMMITTEE ON COMMERCE, MAY 18, 2023
AN ACT
Amending the act of July 9, 1970 (P.L.484, No.164), entitled, as
amended, "An act relating to indemnification agreements
between architects, engineers or surveyors and owners,
contractors, subcontractors or suppliers and indemnification
agreements relating to snow removal or ice control services,"
further providing for title of act; and providing for
indemnification agreements relative to construction
contracts, including agreements for architectural,
engineering or land surveying services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of July 9, 1970 (P.L.484,
No.164), entitled "An act relating to indemnification agreements
between architects, engineers or surveyors and owners,
contractors, subcontractors or suppliers and indemnification
agreements relating to snow removal or ice control services,"
amended July 11, 2022 (P.L.751, No.68), is amended to read:
AN ACT
Relating to indemnification agreements between architects,
engineers or surveyors and owners, contractors,
subcontractors or suppliers [and], indemnification agreements
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relating to snow removal or ice control services[.] and
indemnification agreements relative to construction
contracts , including agreements for architectural,
engineering or land surveying services.
Section 2. The act is amended by adding sections to read:
Section 1.2. Any provision or term in any construction
contract in which a party or its agents or employes shall be
indemnified , held harmless or insured for damages, claims,
losses or expenses arising out of bodily injury to persons ,
damage to property or economic damage caused by or resulting
from that party's negligence, in whole or in part shall be void
as against public policy and unenforceable.
Section 1.3. As used in this act, the term "construction
contract" means a covenant, agreement or understanding in, or in
connection with any contract or agreement made and entered into
by an owner, contractor, subcontractor or supplier or the agents
or employes of the owner, architect, engineer, land surveyor,
contractor, subcontractor or supplier relative to the design,
construction, reconstruction, alteration, repair, maintenance,
demolition, servicing or security of a building, structure,
highway, railroad, appurtenance , land development or appliance.
Section 3. This act shall take effect in 60 days.
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