California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 12 — Indemnity, Section 2782.5

Nothing contained in Section 2782 shall prevent a party to a construction contract and the owner or other party for whose account the construction contract is being performed from negotiating and expressly agreeing with respect to the allocation, release, liquidation, exclusion, or limitation as between the parties of any liability (a) for design defects, or (b) of the promisee to the promisor arising out of or relating to the construction contract.

Notes

Allows parties to a construction contract and the owner or other party for whose account the work is performed to expressly negotiate allocation, release, liquidation, exclusion, or limitation of liability for design defects or the promisee’s liability to the promisor arising from or relating to the construction contract, notwithstanding the referenced indemnity restriction.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 2782.5 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-12/section-2782-5

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