Georgia recently broadened its anti-indemnity statute (O.C.G.A. § 13-8-2) as it applies to contracts for engineering, architectural, and/or land surveying services.
Prior to the recent amendment, Georgia’s anti-indemnity statute precluded any indemnity provisions in construction related contracts that required one party (the indemnitor) to indemnify another party (the indemnitee) for bodily injury or property damage caused by the sole negligence of the indemnitee. The amendment adds a new provision specifically applying only to engineering, architectural and/or land surveying services contracts that precludes indemnity for liability other than that caused by the indemnitor’s negligence.
There are two noteworthy differences between the new indemnity restrictions created for engineering, architectural, and land-surveying services contracts and the pre-existing indemnity restrictions for all other construction related contracts:
Jun 15, 2016