2015 ORS 30.140¹
Certain indemnification provisions in construction agreement void

(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.

(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.

(5) No provision of this section shall be construed to apply to a "railroad" as defined in ORS 824.200 (Definitions for ORS 824.200 to 824.256). [1973 c.570 §§1,2; 1987 c.774 §25; 1995 c.704 §1; 1997 c.858 §1; 2007 c.413 §1]

Notes of Decisions

Prohibi­tion against construc­tion agree­ment requiring per­son to indemnify an­oth­er against liability applies to prohibit requiring party to purchase addi­tional insurance covering other party. Walsh Construc­tion Co. v. Mutual of Enumclaw, 189 Or App 400, 76 P3d 164 (2003), aff'd 338 Or 1, 104 P3d 1146 (2005)

Contract between contractor and subcontractor that includes indemnity pro­vi­sion requiring subcontractor to indemnify contractor for contractor's negligence is enforceable only to extent that pro­vi­sion also requires subcontractor to indemnify contractor for subcontractor's negligence. Montara Owners Assn. v. La Noue Develop­ment, LLC, 259 Or App 657, 317 P3d 257 (2013), aff'd 357 Or 333, 353 P3d 563 (2015)

Subcontractor's duty to defend prime contractor against ac­tions alleging prime contractor's own negligence is limited under this sec­tion. Where ac­tion was filed against prime contractor and prime contractor, in turn, filed third-party complaint against subcontractor this sec­tion voided pro­vi­sion in contract to extent that contract re­quired subcontractor to pay cost of defending general contractor against allega­tions of contractor's own negligence. Sunset Presbyterian Church v. Andersen Construc­tion, 268 Or App 309, 341 P3d 192 (2014), Sup Ct review denied

Atty. Gen. Opinions

"Design" includes specifica­tions, (1974) Vol 37, p 22


1 Legislative Counsel Committee, CHAPTER 30—Actions and Suits in Particular Cases, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors030.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 30, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano030.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.