SLS 14RS-6 ENGROSSED
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 518
BY SENATOR MARTINY
COMMERCIAL REGULATIONS. Provides relative to indemnification of motor carrier
transportation contracts and construction contracts. (8/1/14)
AN ACT1
To enact R.S. 9:2780.1(J), relative to motor carrier transportation contracts and construction2
contracts; to provide relative to certain provisions of motor carrier transportation3
contracts and construction contracts concerning indemnification; to provide relative4
to the effect of such provisions; to provide for certain claims as frivolous; to provide5
for attorney fees, court costs, and other reasonable costs; to provide for terms and6
conditions; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 9:2780.1(J) is hereby enacted to read as follows: 9
ยง2780.1. Certain contract provisions invalid; motor carrier transportation contracts;10
construction contracts11
* * *12
J. Any claim for indemnity based upon a provision, covenant, or clause13
that is null, void, and unenforceable under the provisions of this Section shall14
be deemed frivolous and shall subject the claimant to attorney fees, court costs,15
and reasonable costs incurred in the dismissal of the indemnity claim.16 SB NO. 518
SLS 14RS-6 ENGROSSED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Martiny (SB 518)
Present law provides that certain provisions in motor carrier transportation contracts are
against the public policy of this state and are null, void, and unenforceable.
Proposed law retains the provisions of present law and adds that any claim for indemnity
based upon a provision, covenant, or clause that is null, void, and unenforceable shall be
deemed frivolous and shall subject the claimant to attorney fees, court costs, and reasonable
costs incurred in the dismissal of the indemnity claim.
Effective August 1, 2014.
(Adds R.S. 9:2780.1(J))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Removes provisions relative to the Unfair Trade Practice and Consumer
Protection Law.
2. Adds that any claim for indemnity based upon a provision, covenant, or
clause that is null, void, and unenforceable shall be deemed frivolous and
shall subject the claimant to attorney fees, court costs, and reasonable costs
incurred in the dismissal of the indemnity claim.
3. Makes technical changes.