Code of the District of Columbia

§ 27A–202. Certain indemnification in construction contracts declared void.

(a) Any provision contained in a construction contract by which a subcontractor purports to indemnify or hold harmless the contractor or owner against liability for damage arising out of bodily injury to persons or damage to property suffered in the course of performance of the contract caused by or resulting solely from the negligence of the contractor or the owner or the contractor's or owner's agents or employees is against public policy and is void and unenforceable.

(b) Subsection (a) of this section shall not affect the validity of any insurance contract, workers' compensation, or other agreement issued by an insurer licensed to do business in the District; provided, that no provision in a construction contract shall require the purchase of additional insured coverage, coverage endorsement, or provision in an insurance policy providing additional insured coverage if the scope of the coverage would be a violation subsection (a) of this section.

(c) The provisions of this section shall not apply to any provision of any contract entered into prior to April 1, 2023.