BILL REQ. #:  S-1709.1 

Read first time 02/22/13.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to construction agreements; and adding a new section to chapter 19.36 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 19.36 RCW to read as follows:
     (1) Except as provided in this section, any provision in a construction agreement that requires a party or that party's surety or insurer to indemnify another against liability for damage arising out of death or bodily injury to persons or damage to property caused in whole or in part by the negligence of the indemnitee is void.
     (2) Subsection (1) of this section does not affect any provision in a construction agreement that requires a party or that party's surety or insurer to indemnify another against liability for damage arising out of death or bodily injury to persons or damage to property to the extent that the death or bodily injury to persons or damage to property arises out of the fault of the indemnitor, or the fault of the indemnitor's agents, representatives, or subcontractors.
     (3) Except as provided in this section, a provision in a construction agreement is void if the provision requires a party or that party's surety or insurer to waive a right of subrogation, indemnity, or contribution for amounts paid by reason of a loss caused in whole or in part by the negligence of another person.
     (4) Subsection (3) of this section does not affect a provision for waiver of subrogation, indemnity, or contribution that applies to proceeds of a property insurance policy.
     (5) As used in this section, "construction agreement" means any written agreement for the planning, design, construction, alteration, repair, improvement or maintenance of any building, highway, road excavation or other structure, project, development, or improvement attached to real estate including moving, demolition, or tunneling in connection therewith.
     (6) This section does not apply to:
     (a) Any real property lease or rental agreement between a landlord and tenant whether or not any provision of the lease or rental agreement relates to or involves planning, design, construction, alteration, repair, improvement, or maintenance as long as the predominant purpose of the lease or rental agreement is not planning, design, construction, alteration, repair, improvement, or maintenance of real property; or
     (b) Any personal property lease or rental agreement.