Oklahoma § 15-221 - "Construction agreement" defined - Limitations on

§ 15-221. "Construction agreement" defined - Limitations on

liability arising out of death or bodily injury void - Exceptions.

A. For purposes of this section, “construction agreement” means

a contract, subcontract, or agreement for construction, alteration,

renovation, repair, or maintenance of any building, building site,

structure, highway, street, highway bridge, viaduct, water or sewer

system, or other works dealing with construction, or for any moving,

demolition, excavation, materials, or labor connected with such

construction.

B. Except as provided in subsection C or D of this section, any

provision in a construction agreement that requires an entity or

that entity’s surety or insurer to indemnify, insure, defend or hold

harmless another entity against liability for damage arising out of

death or bodily injury to persons, or damage to property, which

arises out of the negligence or fault of the indemnitee, its agents,

representatives, subcontractors, or suppliers, is void and

unenforceable as against public policy.

C. The provisions of this section do not affect any provision

in a construction agreement that requires an entity or that entity’s

surety or insurer to indemnify another entity against liability for

damage arising out of death or bodily injury to persons, or damage

to property, but such indemnification shall not exceed any amounts

that are greater than that represented by the degree or percentage

of negligence or fault attributable to the indemnitor, its agents,

representatives, subcontractors, or suppliers.

D. This section shall not apply to construction bonds nor to

contract clauses which require an entity to purchase a projectspecific insurance policy, including owners’ and contractors’

protective liability insurance, project management protective

liability insurance, or builder’s risk insurance.

E. Any provision, covenant, clause or understanding in a

construction agreement that conflicts with the provisions and intent

of this section or attempts to circumvent this section by making the

agreement subject to the laws of another state, or that requires any

litigation, arbitration or other dispute resolution proceeding

arising from the agreement to be conducted in another state, is void

and unenforceable.

Added by Laws 2006, c. 323, § 1, eff. Nov. 1, 2006.

Oklahoma Statutes - Title 15. Contracts