BILL REQ. #:  H-3359.2 

READ FIRST TIME 01/25/12.   

     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 2011 c 336 s 95 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, or a motor carrier transportation contract, purporting to indemnify, including the duty and cost to defend, against liability for damages arising out of bodily injury to persons or damage to property:
     (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;
     (b) Caused by or resulting from the concurrent negligence of (i) the indemnitee or the indemnitee's agents or employees, and (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 under chapter 39.80 RCW for architectural, landscape architectural, engineering, or land surveying services, purporting to indemnify, including the duty and cost to defend, the agency by the architect, landscape architect, engineer, or land surveyor, against liability for claims against the agency, is enforceable only to the extent of the negligence, recklessness, or willful misconduct of the architect, landscape architect, engineer, or land surveyor, or those for whom they are legally responsible. This subsection does not limit the liability of the architect, landscape architect, engineer, or land surveyor, for patent or copyright claims that arise from the performance of professional services under the contract or agreement.
     (3) Except as provided in subsection (1)(b) of this section, this section may not be waived or modified by contractual agreement, act, or omission of the parties.
     (4) As used in this section, a "motor carrier transportation contract" means a contract, agreement, or understanding covering: (a) The transportation of property for compensation or hire by the motor carrier; (b) entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or (c) a service incidental to activity described in (a) or (b) of this subsection, including, but not limited to, storage of property, moving equipment or trailers, loading or unloading, or monitoring loading or unloading. "Motor carrier transportation contract" shall not include agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.