SB 1326

Bill Subjects

Abstract

Existing law, with specified exceptions, provides that provisions, clauses, covenants, or agreements contained in, collateral to, or affecting any construction contract entered into on or after January 1, 2013, with the owner of privately owned real property to be improved and as to which the owner is not acting as a contractor or supplier of materials or equipment to the work, that purport to impose on any contractor, subcontractor, or supplier of goods or services, or relieve the owner from, liability are unenforceable to the extent of the active negligence of the owner, including that of its employees. This bill would clarify that the contractual provisions described above are unenforceable if the liability purported to be imposed is caused, in whole or in part, by the active negligence of the owner or its employees. The bill, in addition, would make unenforceable, except as specified, provisions, clauses, covenants, or agreements contained in, collateral to, or affecting any construction contract with the owner or privately owned real property to be improved as to which the owner is not acting as contractor or supplier of materials or equipment to the work, that purport to require a contractor or subcontractor to indemnify the owner for death or bodily injury to persons, or for injury to property, other than that caused by the negligence of the contractor or subcontractor.