BILL REQ. #:  H-5410.1 

     AN ACT Relating to indemnification agreements involving design professionals; and amending RCW 4.24.115.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 4.24.115 and 1986 c 305 s 601 are each amended to read as follows:
     (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, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving and demolition in connection therewith, purporting to indemnify against liability for damages arising out of bodily injury to persons or damage to property:
     (((1))) (a) Caused by or resulting from the sole negligence of the indemnitee, his or her agents or employees is against public policy and is void and unenforceable;
     (((2))) (b) Caused by or resulting from the concurrent negligence of (((a))) (i) the indemnitee or the indemnitee's agents or employees, and (((b))) (ii) the indemnitor or the indemnitor's agents or employees, is valid and enforceable only to the extent of the indemnitor's negligence and only if the agreement specifically and expressly provides therefor, and may waive the indemnitor's immunity under industrial insurance, Title 51 RCW, only if the agreement specifically and expressly provides therefor and the waiver was mutually negotiated by the parties. This subsection applies to agreements entered into after June 11, 1986.
     (2) A covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement with an agency, as defined in RCW 39.80.020, for architect, landscape architect, engineering, or land surveying services, purporting to indemnify, including the cost to defend, the public agency by the architect, landscape architect, engineer, or land surveyor against liability for claims against the public agency, are unenforceable, except for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the architect, landscape architect, engineer, or land surveyor. This section shall not be waived or modified by contractual agreement, act, or omission of the parties. Contractual provisions, clauses, covenants, or agreements not expressly prohibited herein are reserved to the agreement of the parties.