Pennsylvania HB 1541: An Act amending the act of July 9, 1970 (P.L.484, No.164), entitled "An act relating to indemnification agreements between architects, engineers or surveyors and owners, contractors, subcontractors or suppliers and indemnification agreements relating to snow removal or ice control services," providing for void and unenforceable provisions or terms in construction contracts; and making editorial changes.

Bill Text

PRIOR PRINTER'S NOS. 1812, 2873, 3195 PRINTER'S NO. 3207
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1541
Session of
2025
INTRODUCED BY HOHENSTEIN, M. BROWN, HILL-EVANS, SANCHEZ,
WEBSTER, OLSOMMER, GALLAGHER, GUENST, WARREN, OTTEN,
KENYATTA, KERWIN AND DAVIDSON, JUNE 3, 2025
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 15, 2026
AN ACT
Amending the act of July 9, 1970 (P.L.484, No.164), entitled "An
act relating to indemnification agreements between
architects, engineers or surveyors and owners, contractors,
subcontractors or suppliers and indemnification agreements
relating to snow removal or ice control services," providing
for void and unenforceable provisions or terms in
construction contracts; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of July 9, 1970 (P.L.484,
No.164), entitled "An act relating to indemnification agreements
between architects, engineers or surveyors and owners,
contractors, subcontractors or suppliers and indemnification
agreements relating to snow removal or ice control services," is
amended to read:
AN ACT
Relating to indemnification agreements between architects,
engineers or surveyors and owners, contractors,
subcontractors or suppliers [and], indemnification agreements
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relating to snow removal or ice control services[.] and
indemnification agreements relating to construction
contracts.
Section 2. The act is amended by adding a section to read:
Section 1.2. The following apply to provisions or terms in a
construction contract which are void and unenforceable
CONSTRUCTION CONTRACTS :
(1) A provision or term in a construction contract in which
an indemnitee shall be indemnified, held harmless or insured for
damages, claims, losses or expenses arising out of bodily injury
to persons, damage to property or economic damage caused by or
resulting from the indemnitee's negligence, in whole or in part,
shall be void as against public policy and unenforceable.
(2) As used in this section:
(i) The term "construction contract" means a covenant,
promise, agreement or understanding in, or in connection with or
collateral to, a nonresidential contract, agreement or purchase
order, relative to the design, observation, inspection,
planning, surveying, construction, alteration, repair,
maintenance, servicing or security of a building, structure,
road, highway, railroad, appurtenance or appliance, including
moving, demolition, excavating, grading, clearing, site
preparation or development of real property connected therewith,
purporting to indemnify or hold harmless the indemnitee against
liability for damages arising out of bodily injury to persons ,
damage to property or economic damages caused by or resulting
from the negligence, in whole or in part, of the indemnitee.
(ii) The term "indemnitee" means an owner, general
contractor or agent or employe of an owner or general contractor
that presents a provision or term in a construction contract for
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indemnification.
Section 3. This act shall take effect in 180 days.
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