A covenant, promise, agreement or understanding in or in connection with or collateral to a contract or agreement entered into on or after the effective date of this section, relative to the construction, alteration, repair, addition to, subtraction from, improvement to or maintenance of any building, highway, road, railroad, water, sewer, electrical or gas distribution system, excavation or other structure, project, development or improvement attached to real estate, including moving and demolition in connection therewith, purporting to indemnify 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 indemnitee, his agents or employees is against public policy and is void and unenforceable and no action shall be maintained thereon.
This section does not apply to construction bonds or insurance contracts or agreements.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
Article 8. Actions on Contracts
§55-8-1. Jurisdiction in Proceedings on Penal Bonds
§55-8-2. Action of Debt or Assumpsit on Note or Writing; Action of Debt for Any Past-Due Installment
§55-8-3. Action of Assumpsit for Breach of Contract
§55-8-4. General Issue in Debt or Assumpsit on Sealed Instrument
§55-8-5. Validity of Writing Payable to Person Dead at Time of Execution
§55-8-7. Action Against Makers, Drawers, Endorsers, Acceptors, Assignors or Absolute Guarantors
§55-8-9. Action by Assignee in Own Name; Defenses and Setoff; Joinder of Claims
§55-8-10. Assignee Entitled to Recover From Assignor; Defenses Allowed
§55-8-11. Limitation on Jurisdiction of Equity as to Suit by Assignee
§55-8-12. Third Party May Sue on Covenant or Promise Made for His Sole Benefit