Limits home improvement contractor from entering into contract with full indemnification provision.
Impact
If passed, S2627 will directly amend existing legislation pertaining to contractor registration and insurance requirements, enhancing consumer protections in home improvement contracts. Under the bill, contractors will still be required to maintain comprehensive general liability insurance, but they must now also ensure that their contracts do not shift entirely the financial burden of liability onto subcontractors. It is expected that this will lead to fairer contractual practices and mitigate potential legal disputes regarding contractor responsibilities.
Summary
Bill S2627 aims to regulate the relationship between home improvement contractors and subcontractors by limiting the provisions in their contracts. Specifically, it prohibits contractors from entering into contracts that require full indemnification from subcontractors. This means that liability for defects or poor workmanship cannot exceed 50 percent indemnification in agreements. The bill applies to all registered contractors involved in home improvements and home elevation projects within New Jersey.
Contention
Notable points of contention around Bill S2627 may arise from industry stakeholders, particularly related to the enforcement of these indemnification limits. Proponents argue that such limits will protect homeowners from being inadequately compensated for incomplete work, while opponents might fear that reducing indemnification limits for subcontractors could lead to increased costs or disputes among contractors who are liable for their subcontractors' work quality. Concerns may also be raised over how these changes will affect the competitive landscape within the home improvement sector.
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 ," further providing for title of act; and providing for indemnification agreements relative to construction contracts, including agreements for architectural, engineering or land surveying services.
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," further providing for title of act; and providing for indemnification agreements relative to construction contracts, including agreements for architectural, engineering or land surveying services.
Authorizes the Dept. of Health and Hospitals to contract for the operation of state inpatient mental health facilities and certain services provided at such facilities (OR DECREASE SD See Note)
Authorizes the Department of Health and Hospitals to contract for the operation of state inpatient mental health facilities and certain services provided at such facilities. (8/15/10)
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 for insurance coverage for additional insureds; and making editorial changes.