H-4193              _______________________________________________

                                                   HOUSE BILL NO. 1674

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Lux, Chandler, Armstrong and Crane

Read first time 1/22/88 and referred to Committee on Financial Institutions & Insurance.

AN ACT Relating to subcontractor indemnity; and amending RCW 4.24.115.

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

        Sec. 1.  Section 2, chapter 46, Laws of 1967 ex. sess. as amended by section 601, chapter 305, Laws of 1986 and RCW 4.24.115 are each amended to read as follows:

          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((,)):

(1) 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 agents or employees is against public policy and is void and unenforceable; or

          (((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 not 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) Purporting to require a subcontractor to furnish to a contractor, owner, or other subcontractor one or more certificates of insurance naming the contractor, owner, or other subcontractor as an additional or named insured is against public policy and is void and unenforceable.