Second Regular Session S.B. 1271
PROPOSED AMENDMENT
SENATE AMENDMENTS TO S.B. 1271
(Reference to printed bill)
Page 1, strike lines 7 through 12, insert:
"A. Except as provided in subsection B of this section, a covenant, clause or understanding in, collateral to or affecting a construction contract or architect‑engineer professional service contract that purports to indemnify, to hold harmless or to defend the promisee from or against liability for loss or damage resulting from the sole negligence of the promisee or the promisee's agents, employees or indemnitee is against the public policy of this state and is void."
Reletter to conform
Line 13, strike "contractor, a subcontractor or an architect or engineer" insert "construction"
Line 15, strike "private building or improvement" insert "dwelling"
Line 16, strike "contracting agent" insert "indemnitee"; strike "require that the construction contract or"
Strike line 17
Line 18, strike "subcontract"; strike "contractor, subcontractor or architect or engineer" insert "construction"
Line 19, strike "agent" insert "indemnitee"
Line 23, strike "contractor, subcontractor or architect or engineer" insert "construction"; after "professional" insert a comma
Line 24, strike "contractor, subcontractor or architect or"
Line 25, strike "engineer" insert "construction"; after "professional" insert a comma
Line 32, strike the first "A" insert "B"
Line 34, strike "private"
Page 1, line 35, strike "building or improvement" insert "dwelling"; strike "contractor, the"
Line 36, strike "subcontractor or the architect or engineer" insert "construction"
Line 37, strike "contracting agent" insert "indemnitee"
Line 40, strike "A" insert "B"
Line 42, strike "subsection A B" insert "subsections A and C"
Page 2, line 4, after "section" strike remainder of line
Strike line 5
Line 6, strike "subcontracts entered into between private parties. This section"
Between lines 12 and 13, insert:
"F. Subsections B, C and D of this section do not apply to:"
Reletter to conform
Line 13, strike "3." insert "1."
Line 15, strike "4." insert "2."
Line 16, strike "named"
Line 17, strike "5." insert "3."
Line 22, strike "A,"; after "B" insert ", C"
Line 23, strike "C" insert "D"
Strike lines 34 through 36
Renumber to conform
Between lines 40 and 41, insert:
"3. "Construction professional" has the same meaning prescribed in section 12‑1361.
4. "Dwelling" has the same meaning prescribed in section 12‑1361.
5. "Indemnitee"
means a person or entity that, in a written construction contract, is to be
indemnified or protected by another person or entity.
6. "Indemnitor" means the person or entity that is bound by a written construction contract to provide indemnification to another person or entity."
Amend title to conform