To amend chapter 431, RSMo, relating to construction indemnification agreements by adding thereto one new section relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Chapter 431, RSMo, is amended by adding thereto one new section, to be known as section 431.200, to read as follows:

     431.200. 1. With respect to contracts or agreements, either public or private, for the design, planning, construction, alteration, repair or maintenance of a building, structure, highway, highway bridge, road, viaducts, appurtenance, appliance or other work dealing with construction, or for any moving, demolition or excavation connected therewith, every covenant, promise or agreement to indemnify or hold harmless another person for damages, injuries or losses resulting from negligence, omissions or wrongdoing of that person or of any third person, except subcontractors and suppliers of any tier performing the work of the indemnitor, is void as against public policy and unenforceable to the extent it requires indemnification of or holds harmless a person for negligence, omissions or wrongdoing of that person or of any third person, except subcontractors and suppliers of any tier performing the work of the indemnitor.

     2. This section does not apply to construction bonds, insurance contracts or agreements, or contractual provisions requiring one party to name another person as an insured, additional insured or additional named insured in any insurance contract or agreement.

     3. This section applies only to contracts or agreements entered into after August 28, 1997.