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.

1812, 28732873, 3195 PRINTER'S NO.

31953207 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

BROWN, HILL-EVANS, SANCHEZ, WEBSTER, OLSOMMER, GALLAGHER, GUENST, WARREN, OTTEN, KENYATTA, KERWIN AND DAVIDSON, JUNE 3, 2025 AS AMENDED ON SECONDTHIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 14,15, 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, relating to snow removal or ice control services," providing for void and unenforceable provisions or terms in construction contracts;

The following apply to provisions or terms in a <-- construction contract which are void and unenforceable: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.

(i) The term "construction contract" means a covenant, promise, agreement or understanding in, or in connection with or collateral to, a NONRESIDENTIALnonresidential contract, agreement or purchase <-- order, relative to the DESIGN,design, OBSERVATION,observation, INSPECTION,inspection, <--planning, PLANNING,surveying, SURVEYING, construction, alteration, repair, maintenance, servicing or security of a building, structure, ROAD,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 personspersons, or, damage to property ORor ECONOMICeconomic DAMAGESdamages 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 20250HB1541PN319520250HB1541PN3207 - 2 - indemnification.

This act shall take effect in 60 180 days.

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