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Regular Session, 2012
HOUSE BILL NO. 465
BY REPRESENTATIVE ABRAMSON
CONTRACTS: Repeals certain provisions relative to indemnity contracts
AN ACT1
To repeal R.S. 9:2780.1, relative to contracts; to repeal certain provisions relative to motor2
carrier transportation contracts and construction contracts.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 9:2780.1 is hereby repealed in its entirety.5
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Abramson HB No. 465
Abstract: Repeals provisions invalidating certain indemnification agreements in motor
carrier transportation contracts and construction contracts.
Present law provides for definitions of "motor carrier transportation contract", "construction
contract", "indemnitee", "indemnitor", and "third party".
Present law provides that any provision, clause, covenant, or agreement in a motor carrier
transportation contract or construction contract which purports to indemnify, defend, or hold
harmless the indemnitee from or against any liability for loss or damage resulting from the
negligence or intentional acts or omissions of the indemnitee, an agent or employee of the
indemnitee, or a third party over which the indemnitor has no control is contrary to the
public policy of this state and is null, void, and unenforceable.
Present law provides that any provision, clause, covenant, or agreement contained in,
collateral to, or affecting a motor carrier transportation contract or construction contract
which purports to require an indemnitor to procure liability insurance covering the acts or
omissions or both of the indemnitee, its employees or agents, or the acts or omissions of a
third party over whom the indemnitor has no control is null, void, and unenforceable.
Present law provides that the laws of the state of La. shall apply to and govern any
construction contract to be performed in this state and any motor carrier transportation
contract relative to loading or unloading activities, or any services incidental thereto, which HLS 12RS-717 ORIGINAL
HB NO. 465
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occur in this state, and any contractual provision, covenant, or clause to the contrary shall
be null, void, and unenforceable.
Present law provides for prospective application to motor carrier transportation contracts and
construction contracts entered into after Jan. 1, 2011.
Proposed law repeals present law.
(Repeals R.S. 9:2780.1)