Ind. Code ch. 26-2-5

in effect

Ind. Code § 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.

Ind. Code § 26-2-5-2 Uninsurable facility excepted

Sec. 2. This chapter does not apply to a construction or design contract if liability insurance normally available within the United States at standard rates cannot be obtained for the facility being constructed or designed because it constitutes a dangerous instrumentality. Formerly: Acts 1975, P.L.276, SEC.1.

Ind. Code § 26-2-5-3 Application of chapter

Sec. 3. This chapter applies to a construction or design contract entered into after June 30, 1975. As added by P.L.1-1989, SEC.53.

Ind. Code § 26-2-5-4 Void and unenforceable terms

Sec. 4. (a) This section applies to contracts entered into on or after July 1, 2019. (b) All provisions, clauses, covenants, or agreements contained in, collateral to, or affecting a contract pertaining to professional services of design professionals, architects, landscape architects, surveyors, engineers, geologists, or geotechnical and environmental consultants that purport to: (1) require the professional to defend the promisee against a professional liability claim; or (2) indemnify the promisee against liability other than liability for damages and losses arising out of third party claims to the extent the damages and losses are caused by the professional's willful misconduct or negligence; are against public policy and are void and unenforceable. As added by P.L.65-2019, SEC.2.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/26Fetched: 10/17/2026