CHAPTER 444

AN ACT TO AMEND CHAPTER 27, TITLE 6, OF THE DELAWARE CODE BY ADDING A NEW SECTION RELATING TO INDEMNITY AND HOLD HARMLESS PROVISION IN, OR COLLATERAL TO, OR IN CONNECTION WITH, CONSTRUCTION, ALTERATION, MAINTENANCE AND DEMOLITION CONTRACTS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 27, Subchapter I, Title 6, of the Delaware Code, is hereby amended by adding thereto a new section to be known as Section 2704, to read as follows:

Section 2704. A covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair or maintenance of a building, structure, appurtenance or appliance, including without limiting the generality of the foregoing, the moving, demolition and excavating connected therewith, purporting to indemnify or hold harmless architects, engineers, surveyors, owners and/or others, and/or their agents, servants and employees, for damages arising from liability for bodily injury or death to persons or damage to property caused by or resulting or arising from or out of the negligence of such architect, engineer, surveyor, owner or others than the promisor or indemnitor, or their agents, servants or employees, or without limiting the genarity of the foregoing, caused by or resulting or arising from or out of defects in maps, plans, designs, specifications prepared, acquired or used by such architect, engineer, surveyor, owner, or others than the promisor or indemnitor, or their agents, servants or employees, is against public policy and is void and unenforceable; provided, however, that nothing in this section shall be construed to void or render unenforceable policies of insurance issued by duly authorized insurance companies and insuring against losses or damages from any cause whatsoever.

Approved August 9, 1968.