N.Y. General Obligations Law Section 5-322.1
Agreements exempting owners and contractors from liability for negligence void and unenforceable

  • certain cases

1.

A covenant, promise, agreement or understanding in, or in connection with or collateral to a contract or agreement relative to the construction, alteration, repair or maintenance of a building, structure, appurtenances and appliances including moving, demolition and excavating connected therewith, purporting to indemnify or hold harmless the promisee against liability for damage arising out of bodily injury to persons or damage to property contributed to, caused by or resulting from the negligence of the promisee, his agents or employees, or indemnitee, whether such negligence be in whole or in part, is against public policy and is void and unenforceable; provided that this section shall not affect the validity of any insurance contract, workers’ compensation agreement or other agreement issued by an admitted insurer. This subdivision shall not preclude a promisee requiring indemnification for damages arising out of bodily injury to persons or damage to property caused by or resulting from the negligence of a party other than the promisee, whether or not the promisor is partially negligent.

2.

A covenant, promise, agreement or understanding in, or in connection with or collateral to a contract or agreement relative to the construction, alteration, repair or maintenance of a building, structure, appurtenances and appliances including moving, demolition and excavating connected therewith, purporting to condition a subcontractor’s or materialman’s right to file a claim and/or commence an action on a payment bond on exhaustion of another legal remedy is against public policy and is void and unenforceable; provided that this subdivision shall not affect the validity of any insurance contract, workers’ compensation agreement or other agreement issued by an admitted insurer.

3.

The provisions of this section shall only apply to covenants, promises, agreements or understandings in, or in connection with or collateral to a contract or agreement, as enumerated in subdivision one hereof, entered into on or after the thirtieth day next succeeding the date on which it shall have become a law.

Source: Section 5-322.1 — Agreements exempting owners and contractors from liability for negligence void and unenforceable; certain cases, https://www.­nysenate.­gov/legislation/laws/GOB/5-322.­1 (updated Sep. 22, 2014; accessed Jun. 22, 2024).

5‑301
Certain employment contracts void
5‑311
Certain agreements between husband and wife void
5‑321
Agreements exempting lessors from liability for negligence void and unenforceable
5‑322
Agreements exempting caterers and catering establishments from liability for negligence void and unenforceable
5‑322.1
Agreements exempting owners and contractors from liability for negligence void and unenforceable
5‑322.2
Contents of certain construction contracts
5‑322.3
Payment bonds to be filed
5‑323
Agreements exempting building service or maintenance contractors from liability for negligence void and unenforceable
5‑324
Agreements by owners, contractors, subcontractors or suppliers to indemnify architects, engineers and surveyors from liability caused by ...
5‑325
Garages and parking places
5‑326
Agreements exempting pools, gymnasiums, places of public amusement or recreation and similar establishments from liability for negligence...
5‑327
Consumers’ right to recover attorney’s fees in actions arising out of consumer contracts
5‑328
Processing fee by holder of dishonored check
5‑331
Certain covenants and restrictions in conveyances and other agreements affecting real property void as against public policy
5‑332
Unsolicited and voluntarily sent merchandise deemed unconditional gift
5‑333
Validity of oil, gas or mineral land leases
5‑334
Option or right to acquire interest in property
5‑335
Limitation of reimbursement and subrogation claims in personal injury and wrongful death actions
5‑336
Nondisclosure agreements
5‑337
Agreements requiring contractees to waive their rights in relation to expressing certain opinions about contractors void and unenforceable

Accessed:
Jun. 22, 2024

Last modified:
Sep. 22, 2014

§ 5-322.1’s source at nysenate​.gov

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