The rules reported here specify the nature of construction defect claims which render an indemnity agreement between contractors unenforceable.
Amended by SB 138:
Health an Safety Code §2782
All residential construction contracts and any amendments entered into after the first of January 2008 in which a subcontractor indemnifies a general contractor or contractor not affiliated with the builder against liability for claims of construction defects are unenforceable if the claims, unrelated to the scope of work in the written agreement between the parties, arise from:
● the negligence of the nonaffiliated contractor, nonaffiliated general contractor or their agents or servants;
● the negligence of other independent contactors responsible to the nonaffiliated contractor or nonaffiliated general contractor; or
● design defects made by these persons.
These indemnity rules can not be modified or waived.
