South Dakota Codified Laws
Chapter 03 - Indemnity
Section 56-3-18 - Indemnity agreement void as to liability for negligence in construction, repair or maintenance of structure or equipment.

56-3-18. Indemnity agreement void as to liability for negligence in construction, repair or maintenance of structure or equipment.
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 and appliance, including moving, demolition and excavating connected therewith, purporting to indemnify the promisee against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the promisee, his agents or employees, or indemnitee, is against the policy of the law and is void and unenforceable.

Source: SL 1973, ch 294.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 56 - Guaranty, Suretyship and Indemnity

Chapter 03 - Indemnity

Section 56-3-1 - Indemnity defined.

Section 56-3-2 - Indemnity for a future wrongful act void.

Section 56-3-3 - Indemnity for past wrongful act valid.

Section 56-3-4 - Indemnity extends to acts of agents.

Section 56-3-5 - Agreement to indemnify several persons applies to each.

Section 56-3-6 - Persons indemnifying liable jointly or severally with person indemnified.

Section 56-3-7 - Interpretation of contract of indemnity--Application of rules.

Section 56-3-8 - Indemnity against liability--Recovery by person indemnified.

Section 56-3-9 - Indemnity against claims, demands or damages--Recovery by person indemnified, payment required.

Section 56-3-10 - Indemnity against claims, demands or liability--Matters embraced in contract.

Section 56-3-11 - Defense by indemnitor of actions against indemnified--Right of person indemnified to conduct defense.

Section 56-3-12 - Neglect of person indemnifying to defend the person indemnified--Recovery against person indemnified conclusive.

Section 56-3-13 - Notice of action or proceedings against indemnified not received by indemnitor--Indemnitor not allowed to control defense--Judgment against indemnitor presumptive evidence.

Section 56-3-14 - Application of stipulation as to conclusiveness of judgment against person indemnified upon indemnitor.

Section 56-3-15 - Reimbursement of indemnitor.

Section 56-3-16 - Indemnification of architect or engineer for own errors prohibited in construction contract.

Section 56-3-17 - Conflicting provision in construction contract unlawful and unenforceable.

Section 56-3-18 - Indemnity agreement void as to liability for negligence in construction, repair or maintenance of structure or equipment.