Section 4.18 House Bill 256

• Library: Construction Law 2016 Supp

A. (§4.18) House Bill 256

House Bill 256 added a new section to Chapter 434, RSMo, Contracts Against Public Policy (please note that the author has given names to exceptions (2), (7), and (8) of § 434.100.2, RSMo 2000, for ease of reference for the discussion in §§4.19–4.25 below). Section 434.100 provides:

434.100. Construction contracts holding harmless a person’s negligence or wrongdoing are void and contra to public policy, exceptions.—1. Except as provided in subsection 2 of this section, in any contract or agreement for public or private construction work, a party’s covenant, promise or agreement to indemnify or hold harmless another person from that person’s own negligence or wrongdoing is void as against public policy and wholly unenforceable.

2. The provisions of subsection 1 of this section shall not apply to:

(1) A party’s...