South Carolina S0395 amends construction agreements to make certain hold harmless clauses unenforceable.
South Carolina S0395 amends Section 32-2-10 of the South Carolina Code to declare that provisions in construction agreements that seek to indemnify or hold harmless a promisee against liability for damages resulting from the negligence of the promisee or their derivative parties are against public policy and unenforceable. This applies to agreements concerning the design, planning, construction, alteration, repair, or maintenance of buildings, structures, highways, roads, and other appurtenances.
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