Indiana § 26-2-5-1 - "Construction or design contract"; indemnity agreements against public policy as void and unenforceable; exceptions
Full text of Indiana Indiana Code § 26-2-5-1 — "Construction or design contract"; indemnity agreements against public policy as void and unenforceable; exceptions, with citation guidance and answers to common questions.
§ 26-2-5-1. "Construction or design contract"; indemnity agreements against public policy as void and unenforceable; exceptions
Sec. 1. (a) As used in this section, "construction or design contract" includes a design-build contract under which all of the following for the same project are included:
(1) Architectural, engineering, and related design services.
(2) Labor, materials, and other construction services.
(b) All provisions, clauses, covenants, or agreements contained in, collateral to, or affecting any construction or design contract, except those pertaining to highway contracts, which purport to indemnify the promisee against liability for:
(1) death or bodily injury to persons;
(2) injury to property;
(3) design defects; or
(4) any other loss, damage, or expense arising under subdivision (1), (2), or (3);
from sole negligence or willful misconduct of the promisee are against public policy and are void and unenforceable. Sole negligence does not include vicarious liability, imputed negligence, or assumption of a nondelegable duty.
Formerly: Acts 1975, P.L.276, SEC.1. As amended by P.L.65-2019, SEC.1.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 26-2-5-1
What does Indiana Code § 26-2-5-1 cover?
Section 26-2-5-1 (""Construction or design contract"; indemnity agreements against public policy as void and unenforceable; exceptions") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 26-2-5-1?
A common citation format is "Indiana Code § 26-2-5-1" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 26-2-5-1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.