Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB1143

Introduced
4/4/25  

Caption

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.

Impact

If enacted, HB 1143 will have a significant impact on state laws relating to construction contracts. It proposes that any clause that seeks to indemnify a contractor or other involved parties for damages arising from their own negligence is void against public policy. This creates a stronger framework for accountability within the industry by ensuring that parties cannot escape liability through contractual agreements that absolve them of responsibility for their negligent actions.

Summary

House Bill 1143 aims to amend the existing act related to indemnification agreements primarily between architects, engineers, surveyors, and contractors. The bill seeks to establish clearer guidelines regarding indemnification provisions related to construction contracts, including those specific to architectural and engineering services. By expanding the definition of 'construction contract' and changing the legal stance on certain indemnification clauses, this legislation intends to clarify liability and contractual obligations within the construction industry.

Sentiment

The sentiment surrounding HB 1143 appears to be mixed. Supporters argue that the bill will enhance accountability and protect the interests of clients and the general public by eliminating clauses that may shield negligent parties from responsibility. Conversely, opponents of the bill express concerns that these changes could lead to increased insurance costs or limit the ability of contractors to negotiate terms that may be favorable to them, thereby potentially stifling business engagements in the construction sector.

Contention

The notable point of contention in the discussions around HB 1143 primarily revolves around the principle of indemnification in contracts. Proponents emphasize the importance of protecting the rights of parties who are wronged due to negligence, while critics argue that the bill may disproportionately impact contractors who might face financial disadvantages if they cannot negotiate protective agreements. The ongoing debate reflects broader concerns about how liability should be managed in the construction industry and the extent to which state law should regulate private agreements.

Companion Bills

No companion bills found.

Previously Filed As

PA HB1164

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.

PA HB657

Providing for transparency in realty agreements; prohibiting unfair real estate service agreements; and imposing penalties.

PA SB1173

In definitions, further providing for definitions; in application of the act and penalties, further providing for exclusions; and, in duties of licensees, providing for right to cancel sales agreements or sales contracts for wholesale transactions.

PA SB957

In general provisions, further providing for definitions; in procurement organization, further providing for specific construction powers, duties and procedures; in procurement of construction and design professional services, further providing for procurement of design professional services; providing for project delivery methods; and making a repeal.

PA HB2645

Further providing for title of act, for short title, for declaration of purpose, for definitions, for creation of board and appointment and term of members and officers, for organization of board, for powers of board, for duties of board, for examination and qualification of applicants, for reciprocal licensing, for issuance and renewal of certificates, for payment and disposition of fees and for seal of architect; providing for architectural firm registration and for architectural firm names; further providing for permitted practices, for existing licenses, for existing rules and regulations and for unauthorized practice prohibited; providing for certification of interior designers; further providing for disciplinary proceedings, for penalties and for complaint procedure and hearings; providing for regulations; further providing for severability, for repeals and for effective date; and making editorial changes.

PA SB1319

Further providing for title of act, for short title, for declaration of purpose, for definitions, for creation of board and appointment and term of members and officers, for organization of board, for powers of board, for duties of board, for examination and qualification of applicants, for reciprocal licensing, for issuance and renewal of certificates, for payment and disposition of fees and for seal of architect; providing for architectural firm registration and for architectural firm names; further providing for permitted practices, for existing licenses, for existing rules and regulations and for unauthorized practice prohibited; providing for certification of interior designers; further providing for disciplinary proceedings, for penalties and for complaint procedure and hearings; providing for regulations; further providing for severability, for repeals and for effective date; and making editorial changes.

PA HB2360

Providing for verification of construction contractors and for procedures for verification; establishing the Construction Contractor Verification Account; imposing penalties; and making an appropriation.

PA HB1183

Providing for verification of construction contractors and for procedures for verification; establishing the Construction Contractor Verification Account; imposing penalties; and making an appropriation.

PA HB572

In city engineer, further providing for appointment of city engineer, providing for waiver and further providing for control of engineering matters, for duties, for certifying commencement and completion of municipal improvements and for entering upon property for surveys; in surveys and surface support in coal mining areas, further providing for survey of mines and for operators to furnish maps and contents; and, in corporate powers, further providing for regulation of division fences, party walls and foundations.

PA SB578

In child protective services, further providing for penalties; in limitation of time, further providing for infancy, insanity or imprisonment, for no limitation applicable and for other offenses; in particular rights and immunities, further providing for contracts or agreements for nondisclosure of certain conduct; and, in matters affecting government units, further providing for exceptions to sovereign immunity and for exceptions to governmental immunity.

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