2012 -- S 2530

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LC01004

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS

     

     

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: February 16, 2012

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 6-34-1 of the General Laws in Chapter 6-34 entitled "Construction

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Indemnity Agreements" is hereby amended to read as follows:

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     6-34-1. Construction indemnity agreements. -- (a) A covenant, promise, agreement, or

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understanding in, or in connection with or collateral to, a contract or agreement relative to the

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design, planning, construction, alteration, repair, or maintenance of a building, structure,

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highway, road, appurtenance, and appliance, including moving, demolition, and excavating

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connected with a building, structure, highway, road, appurtenance, or appliance, pursuant to

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which contract or agreement the promisee or the promisee's independent contractors, agents, or

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employees has hired the promisor to perform work, purporting to indemnify the promisee, the

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promisee's independent contractors, agents, employees, or indemnitees against liability for

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damages arising out of bodily injury to persons or damage to property proximately caused by or

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resulting from the negligence of the promisee, the promisee's independent contractors, agents,

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employees, or indemnitees, is against public policy and is void.; provided that this section shall

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not affect the validity of any insurance contract, worker's compensation agreement, or an

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agreement issued by an insurer.

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      (b) Nothing in this section shall prohibit any person from purchasing insurance for his or

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her own protection or from purchasing a construction bond.

     

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SECTION 2. This act shall take effect upon passage.

     

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LC01004

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS

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     This act would eliminate a provision regarding construction indemnity agreements in

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regard to the validity of any insurance contract, workers' compensation agreement, or an

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agreement issued by an insurer.

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     This act would take effect upon passage.

     

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LC01004

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S2530