Section 11.25 Enforceability

• Library: Construction Law 2016 Supp

3. (§11.25) Enforceability

The enforceability of hold harmless clauses is unclear and has been in a state of flux in many states. Each state considers different wording and different conditions in determining enforceability. In Missouri, if the parties are on substantially equal footing, one may agree to indemnify the other against the results of the other’s own negligence. Parks v. Union Carbide Corp., 602 S.W.2d 188, 190 (Mo. banc 1980). But the contract will not indemnify one against loss or damage from his or her own negligence unless this intention is expressed in “clear and unequivocal terms.” Id.

Indeed, it would take clear language to show that an indemnity contract was intended to cover conditions or...