60-2-117. Contract indemnification provisions. (1) Except as provided in subsections (2) and (3), a contract subject to the provisions of this part with a provision that requires one party to the contract to indemnify, hold harmless, insure, or defend the other party to the contract or the other party's officers, employees, or agents for liability, damages, losses, or costs that are caused by the negligence, recklessness, or intentional misconduct of the other party or the other party's officers, employees, or agents is void as against the public policy of this state.
(2) A contract subject to the provisions of this part may contain a provision:
(a) requiring one party to the contract to indemnify, hold harmless, or insure the other party to the contract or the other party's officers, employees, or agents for liability, damages, losses, or costs, including but not limited to reasonable attorney fees, only to the extent that the liability, damages, losses, or costs are caused by the negligence, recklessness, or intentional misconduct of a third party or of the indemnifying party or the indemnifying party's officers, employees, or agents; or
(b) requiring a party to the contract to purchase a project-specific insurance policy, including but not limited to an owner's and contractor's protective insurance, a project management protective liability insurance, or a builder's risk insurance.
(3) This section does not apply to indemnity of a surety by a principal on a contract bond or to an insurer's obligation to its insureds.
(4) As used in this section, "contract" means, with respect to highway construction, an agreement for architectural services, alterations, construction, demolition, design services, development, engineering services, excavation, maintenance, repair, or other improvement to real property, including an agreement to supply labor, materials, or equipment for an improvement to real property.
History: En. Sec. 3, Ch. 259, L. 2007.
Structure Montana Code Annotated
Title 60. Highways and Transportation
Chapter 2. State Administration
Part 1. Transportation Commission
60-2-106. Designation of highways not located entirely within the state
60-2-107. Abandonment of highways -- exchange of roadways -- public notice required
60-2-108. and 60-2-109 reserved
60-2-110. Setting priorities and selecting projects
60-2-111. Letting of contracts on state highways and commission-designated highway systems
60-2-112. Competitive bidding -- reciprocity
60-2-113. Bidder's security -- contractor's bond
60-2-114. Bids for contracts let by commission to contain security, unit price, and signature
60-2-115. Contract let by commission -- time for final payment of contract price -- interest
60-2-116. Payment of contractors and subcontractors
60-2-117. Contract indemnification provisions
60-2-119. Limit on projects -- reporting requirement
60-2-121. Authority of commission to prioritize expenditures on railroad crossings -- public hearing
60-2-122. through 60-2-124 reserved
60-2-126. Designation of public highways -- apportionment of funds
60-2-127. Allocation of funds for projects
60-2-128. Maintenance system -- designation of highways
60-2-130. through 60-2-132 reserved
60-2-133. U.S. highway 2 -- planning
60-2-137. Design-build contracting process -- submission of proposals -- department's duties
60-2-138. and 60-2-139 reserved
60-2-140. Rawhide stampede rustlers and rendezvous trade corridor -- planning
60-2-141. Use of Montana-made wooden materials in highway and road projects