Pennsylvania House passes anti-indemnity bill for construction contracts

Marla A. Brown, Pennsylvania State Representative for 9th District
Marla A. Brown, Pennsylvania State Representative for 9th District
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Rep. Marla Brown announced on Apr. 15 that legislation aimed at protecting construction contractors from unfair liability provisions has passed the Pennsylvania House and will now move to the Senate for consideration.

The bill addresses concerns in Pennsylvania’s construction industry, where contractors are often required to take responsibility for damages caused by another party’s negligence as a condition of their contracts. Supporters say this practice places an undue burden on contractors and can negatively affect their business reputation.

“Our contractors should never be forced to accept liability for another party’s negligence,” Brown said. “House Bill 1541 is about fairness and accountability, ensuring construction contracts place responsibility where it actually belongs. With 45 states already adopting similar protections, this is an important step toward modernizing Pennsylvania law.”

If enacted, the legislation would void provisions in new construction contracts that require one party to indemnify or be held responsible for damages resulting from another party’s negligence. The bill aims to create a more balanced and transparent contracting environment across Pennsylvania.

Brown said the measure was brought forward by Bruce and Merrilees of New Castle, a provider of electrical, technology, and specialty services since 1948 that is part of ArchKey Solutions.

The proposed law would align Pennsylvania with most other states that have adopted anti-indemnity statutes in construction contracts. Supporters believe it will help ensure clearer standards and more equitable risk allocation within the industry.



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