House Bill 1342

(As Passed the House)

AN ACT TO CREATE NEW SECTION 31-5-42, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A CLAUSE ENFORCING LIABILITY TO DEFEND IN EXCESS OF DEGREE OF FAULT IN ENGINEERING CONTRACTS IS VOID; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 31-5-42, Mississippi Code of 1972:

31-5-42. (1) In any public or private contract or agreement for providing engineering services for the construction, alteration, repair or maintenance of buildings, structures, highway bridges, viaducts, water, sewer or gas distribution systems, or other work dealing with construction, or for any moving, demolition or excavation connected therewith, any covenant, promise or agreement contained therein to indemnify, defend or hold harmless a public entity from another person's negligence, or to require a contractor for such services to assume any liability, including the cost to defend or indemnify the public entity for any amount greater than the degree of fault of the contractor, is void as against public policy and wholly unenforceable.

(2) This section shall not be waived or modified by contractual agreement or act or omission of the parties. Contractual provisions, clauses, covenants or agreements not expressly prohibited herein are reserved to the agreement of the parties.

(3) All contracts and all solicitation documents, including requests for proposals, invitations for bid and other solicitation documents, between a public entity and a contractor for the services listed herein, are deemed to incorporate by reference the provisions of this section.

(4) This section does not apply to construction bonds or insurance contracts or agreements.

SECTION 2. This act shall take effect and be in force from and after July 1, 2011, and shall stand repealed on June 30, 2011.