| Passed by the House March 5, 2012 Yeas 98 ________________________________________ Speaker of the House of Representatives Passed by the Senate February 28, 2012 Yeas 45 ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1559 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 62nd Legislature | 2012 Regular Session |
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, a contract or agreement for architectural,
landscape architectural, engineering, or land surveying services, or a
motor carrier transportation contract, purporting to indemnify,
including the duty and cost to defend, against liability for damages
arising out of such services or 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) 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.