Maryland 2024 Regular Session

Maryland House Bill HB158

Introduced
1/10/24  

Caption

Courts - Prohibited Indemnity and Defense Liability Agreements

Impact

The passage of HB158 is expected to significantly alter the landscape of liability in contractual agreements within the construction and engineering sectors in Maryland. By voiding contracts that require providers to indemnify others for negligence, it aims to enhance fairness within industry practices. Supporters argue that this will level the playing field for service providers, ensuring they are not unduly burdened by contractual obligations that have historically been unfair and detrimental to their fiscal stability.

Summary

House Bill 158 aims to prohibit certain provisions in contracts relating to architectural, engineering, inspecting, or surveying services. Specifically, it seeks to make it illegal for parties providing these services to be required to defend other parties against liability claims arising from their own negligence. This is intended to shift accountability for such liabilities away from the professionals providing services in construction and engineering, ensuring that they are not held responsible for issues that are not a result of their direct actions or decisions.

Contention

However, opposition to this bill exists, particularly among proponents of traditional indemnity practices who argue that such measures are crucial for protecting developers and owners against claims. They fear that without these provisions, there may be less incentive for those providing services to maintain high standards of care, potentially leading to increased liability risks in construction projects. The discussion around the bill has spotlighted the delicate balance between protecting service providers' interests and ensuring responsible contracting and construction practices.

Companion Bills

MD SB31

Crossfiled Courts - Prohibited Indemnity and Defense Liability Agreements

Previously Filed As

MD HB256

Courts – Prohibited Indemnity and Defense Liability Agreements

MD SB56

Courts – Prohibited Indemnity and Defense Liability Agreements

MD SB291

Courts - Prohibited Liability Agreements - Recreational Facilities

MD HB207

Courts - Prohibited Liability Agreements - Recreational Facilities

MD SB579

Residential Property - Service Agreements - Prohibitions

MD HB728

Residential Property - Service Agreements - Prohibitions

MD SB930

Motor Vehicles - Recreational Vehicle Dealer Agreements

MD HB1173

Motor Vehicles - Recreational Vehicle Dealer Agreements

MD HB1187

Peer-to-Peer Car Sharing Programs - Insurance and Liability

MD HB18

Maryland General and Limited Power of Attorney Act - Alterations

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