CHAPTER 394

FORMERLY

HOUSE BILL NO. 581

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 6, CHAPTER 27 OF THE DELAWARE CODE RELATING TO EXCULPATORY CLAUSES IN CERTAIN CONTRACTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1, Amend Chapter 27, Title 6 of the Delaware Code by striking from subsection (a) of §2704 the phrase "architects, engineers, surveyors, owners" and substituting in lieu thereof the phrase "the promisee or indemnitee".

Section 2. Further amend Chapter 27, Title 6 of the Delaware Code by striking from

subsection (a) of §2704 the phrase "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" and substituting in ?feu thereof the phrase "caused partially or solely by, or resulting partially or solely from, or artsing partially or solely out of the negligence of such promisee or Indemnitee or others than the promisor or IndemnItor, or its subcontractors,".

Section 3. Further amend Chapter 27, Title 6 of the Delaware Code by striking from

subsection (a) of §2704 the phrase "or without limiting the generality 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,".

Section 4. Further amend Chapter 27, title 6 of the Delaware Code by striking the

period ending subsection (a) of §2704, and substituting In lieu thereof the following:

even where such covenant, promise, agreement or understanding Is crystal clear and unambiguous In obligating the promisor or Indemnitor to indemnify or hold harmless the promisee or IndemnItee from liability resulting from such promisee's or Indemnitee's own negligence".

Section 5. Further amend Chapter 27, Title 6 of the Delaware Code by adding to

subsection (a) of §2704 a second sentence as follows:

"This section shall apply to a)) phases of the preconstruction, construction, repairs and maintenance described In this subsection, and nothing in this section shall be construed to limit its application to preconstruction professionals such as designers, planners and architects; provided, however, that this section shall not apply to any obligation owed to the Department of Transportation pursuant to a contract awarded under Title 17 or Chapter 69 of Title 29 of the Delaware Code."

Section 6. This Act shall apply to all contracts or agreements entered Into after the

date of Its enactment into law.

Approved July 14, 1988.