Chapter 413
AN ACT
HB 2708
Relating to construction agreements; creating new provisions; and
amending ORS 30.140.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 30.140 is amended to read:
30.140. (1) Except to the
extent provided under subsection (2) of this section, any provision in a
construction agreement that requires a person or that person’s surety or
insurer to indemnify another against liability for damage arising out of death
or bodily injury to persons or damage to property caused in whole or in part by
the negligence of the indemnitee is void.
(2) This section does
not affect any provision in a construction agreement that requires a person or
that person’s surety or insurer to indemnify another against liability for
damage arising out of death or bodily injury to persons or damage to property
to the extent that the death or bodily injury to persons or damage to property
arises out of the fault of the indemnitor, or the fault of the indemnitor’s
agents, representatives or subcontractors.
(3) As used in this
section, “construction agreement” means any written agreement for the planning,
design, construction, alteration, repair, improvement or maintenance of any
building, highway, road excavation or other structure, project, development or
improvement attached to real estate including moving, demolition or tunneling
in connection therewith. [Without
limiting those agreements that are not construction agreements, a “construction
agreement” does not include:]
(4) This section does
not apply to:
(a) Any real property
lease or rental agreement between a landlord and tenant whether or not any
provision of the lease or rental agreement relates to or involves planning, design,
construction, alteration, repair, improvement or maintenance as long as the
predominant purpose of the lease or rental agreement is not planning,
design, construction, alteration, repair, improvement or maintenance of
real property; or
(b) Any personal
property lease or rental agreement.
[(4)] (5) No provision of this section shall be construed to
apply to a “railroad” as defined in ORS 824.200.
SECTION 2. The
amendments to ORS 30.140 by section 1 of this 2007 Act apply only to
construction agreements entered into on or after the effective date of this
2007 Act.
Approved by the Governor June 13, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
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