Mississippi Indemnification Provisions
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FAQ
Mississippi law invalidates indemnification agreements contained in both public and private contracts for construction, alteration, repair or maintenance of buildings, structures, highway bridges, viaducts, water, sewer or as distributions systems, or other work dealing with construction, moving, demolition or ...
States enacted them to fight an imbalance of negotiating power between upstream and downstream entities. They protect indemnitors from taking on more than their fair share of the risk. Anti-indemnity legislation largely targets the construction industry with 45 states having statutes.
Example: Indemnify and Hold Harmless Clause The supplier agrees to indemnify and hold harmless the customer against all claims arising in respect of any injury, death, sickness or ill-health caused to or suffered by the customer and its personnel as a result of performance or non-performance of this Agreement.
By statute, you cannot have another party indemnify you against damages that result your sole negligent or willful acts. If such a clause is in a contract it is void. Thus under California law, the person seeking indemnity from the other party must have some degree of fault for the harm that results in the liability.
Both New York and New Jersey have anti-indemnity statutes restricting the extent to which a party can be indemnified for its own negligence. Under New Jersey law, an indemnification agreement will not be enforced when it requires indemnification for the indemnitee's sole negligence pursuant to NJSA 2A 40-1.
For example, an indemnification provision may exclude indemnification for claims or losses that result from the indemnified party's: Negligence or gross negligence. Improper use of the products. Bad faith failure to comply with its obligations in the agreement.
In 2011, the Texas Legislature enacted the Texas Anti- Indemnity Act, which limits and makes void certain liability shifting agreements. The Act became effective January 1, 2012.
An anti-indemnity statute is a law defining how much risk can be transferred between parties in a contract and is oftentimes used in construction contracts. An anti-indemnity statute protects sub-contractors from risks they take on from a primary contractor.
