This bill amends the 1966 PA 165, which addresses indemnity requirements in the construction industry. It establishes that any contract provision that attempts to indemnify a promisee against liability for damages resulting from their sole negligence is void and unenforceable. The bill specifies that public entities cannot require Michigan-licensed architects, professional engineers, or contractors to defend them from claims or assume liability beyond their degree of fault. Additionally, it clarifies the definition of "public entity" to include various governmental bodies while explicitly excluding institutions of higher education.
The bill also updates the language regarding the roles of professionals involved in construction contracts, replacing "landscape architect" with a more inclusive definition that encompasses those authorized to do business in Michigan. It further emphasizes that any contract provision that violates these stipulations is against public policy and thus unenforceable. The enactment of this bill is contingent upon the passage of House Bill No. 4879.
Statutes affected: House Introduced Bill: 691.991