Florida Statute 725.06 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLI
STATUTE OF FRAUDS, FRAUDULENT TRANSFERS, AND GENERAL ASSIGNMENTS

Chapter 725
UNENFORCEABLE CONTRACTS

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F.S. 725.06

725.06 Construction contracts; limitation on indemnification.—

(1) Any portion of any agreement or contract for or in connection with, or any guarantee of or in connection with, any construction, alteration, repair, or demolition of a building, structure, appurtenance, or appliance, including moving and excavating associated therewith, between an owner of real property and an architect, engineer, general contractor, subcontractor, sub-subcontractor, or materialman or any combination thereof wherein any party referred to herein promises to indemnify or hold harmless the other party to the agreement, contract, or guarantee for liability for damages to persons or property caused in whole or in part by any act, omission, or default of the indemnitee arising from the contract or its performance, shall be void and unenforceable unless the contract contains a monetary limitation on the extent of the indemnification that bears a reasonable commercial relationship to the contract and is part of the project specifications or bid documents, if any. Notwithstanding the foregoing, the monetary limitation on the extent of the indemnification provided to the owner of real property by any party in privity of contract with such owner shall not be less than $1 million per occurrence, unless otherwise agreed by the parties. Indemnification provisions in any such agreements, contracts, or guarantees may not require that the indemnitor indemnify the indemnitee for damages to persons or property caused in whole or in part by any act, omission, or default of a party other than:

(a) The indemnitor;

(b) Any of the indemnitor’s contractors, subcontractors, sub-subcontractors, materialmen, or agents of any tier or their respective employees; or

(c) The indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees, or for statutory violation or punitive damages except and to the extent the statutory violation or punitive damages are caused by or result from the acts or omissions of the indemnitor or any of the indemnitor’s contractors, subcontractors, sub-subcontractors, materialmen, or agents of any tier or their respective employees.

(2) A construction contract for a public agency or in connection with a public agency’s project may require a party to that contract to indemnify and hold harmless the other party to the contract, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of the construction contract.

(3) Except as specifically provided in subsection (2), a construction contract for a public agency or in connection with a public agency’s project may not require one party to indemnify, defend, or hold harmless the other party, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding, and any such contract provision is void as against public policy of this state.

(4) This section does not affect any contracts, agreements, or guarantees entered into before the effective date of this section or any renewals thereof.

History.—s. 1, ch. 72-52; s. 935, ch. 97-102; s. 31, ch. 2000-372; s. 10, ch. 2001-211.

Note.—Former s. 768.085.

F.S. 725.06 on Google Scholar

F.S. 725.06 on Casetext

Amendments to 725.06

Arrestable Offenses / Crimes under Fla. Stat. 725.06

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 725.06.

Annotations, Discussions, Cases:

Cases Citing Statute 725.06

Total Results: 20

CB Contractors, LLC v. Allens Steel Prods., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-14T00:00:00-08:00

Citation: 261 So. 3d 711

Snippet: were void and unenforcable pursuant to section 725.06, Florida Statutes (2004), which provides in relevant…955, 959 (Fla. 2d DCA 2013) (stating that section 725.06 would only bar indemnification claims based on …indemnity clause for failure to comply with section 725.06, clause is otherwise enforceable to extent of indemnitor…S.D. Fla. Mar. 31, 2008) (concluding that section 725.06 only voided portion of contractual indemnity provision

CB Contractors, LLC v. Allens Steel Prods., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-14T00:00:00-08:00

Citation: 261 So. 3d 711

Sierra Club v. Julie Imanuel Brown, etc.

Court: Fla. | Date Filed: 2018-05-17T00:00:00-07:00

Citation: 243 So. 3d 903

Snippet: The total cost of the Peaker Project was $725.6 million. Of the Rate Petition's 2017 revenue

BLOK BUILDERS, LLC d/b/a IKON BUILDERS v. PEDRO KATRYNIOK, MASTEC NORTH AMERICA, INC

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-25T00:53:00-07:00

Snippet: conclude that section 725.06 does not apply to this contract. Section 725.06(1) covers contracts for…application of section 725.06. Thus, we do not decide this case on the basis that section 725.06 can never apply…its own negligence, did not comply with section 725.06, Florida Statutes (2008), and, thus, its contractual…because the contract did not comply with section 725.06, Florida Statutes (2008). The statute applies to…unenforceable. Mastec and BellSouth argued that section 725.06 did not apply to this contract, and in any case

BLOK BUILDERS, LLC d/b/a IKON BUILDERS v. PEDRO KATRYNIOK, MASTEC NORTH AMERICA, INC

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-30T23:53:00-08:00

Snippet: conclude that section 725.06 does not apply to this contract. Section 725.06(1) covers contracts for…its own negligence, did not comply with section 725.06, Florida Statutes (2008), and, thus, its contractual…because the contract did not comply with section 725.06, Florida Statutes …unenforceable. Mastec and BellSouth argued that section 725.06 did not apply to this contract, and in any case…Fla. 4th DCA 2012). Blok argues that section 725.06, Florida Statutes, applies to its contract, and

Pilot Construction Services, Inc. v. Babe's Plumbing, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-24T00:00:00-07:00

Citation: 111 So. 3d 955, 2013 Fla. App. LEXIS 6627, 2013 WL 1748550

Snippet: the basis of section 725.06. 480 So.2d at 136. The court held that “[sjection 725.06 would apply if Cothron…Pilot’s indemnity claims were barred by section 725.06, Florida Statutes (2005). The trial court granted…Pilot could make against Babe’s and that section 725.06 barred Pilot’s claims of indemnity. Without stating… whether Babe’s is liable to Pilot. C. Section 725.06 Babe’s’ motion for summary judgment also argued…argued that Pilot’s claims were barred by section 725.06 because Pilot was seeking indemnification from Babe

Griswold Ready Mix Concrete, Inc. v. Reddick

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-12T00:00:00-07:00

Citation: 134 So. 3d 985, 2012 Fla. App. LEXIS 5600, 2012 WL 1216268

Snippet: indemnity provision at issue is void under section 725.06, Florida Statutes (2007), we reverse the judgment…indemnification provision is void under section 725.06 because it contains no monetary limitation. The…court erred in its reading of the statute. Section 725.06(1) reads, in part: Any portion of any agreement…provision was “defeated by the terms of [section 725.06]” because it “did not contain a monetary limitation…is void and unenforceable as provided in section 725.06, and the trial court erred in ruling otherwise.

Mastec, Inc. v. Suncoast Underground, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-01-20T00:00:00-08:00

Citation: 27 So. 3d 705, 2010 Fla. App. LEXIS 264, 2010 WL 173611

Snippet: trial court applied the wrong version of section 725.06 when analyzing the contract's indemnity provision

Kone, Inc. v. Robinson

Court: Fla. Dist. Ct. App. | Date Filed: 2006-09-05T00:53:00-07:00

Citation: 937 So. 2d 238

Snippet: due to Kone's failure to comply with section 725.06, Florida Statutes (1999). As to Count II, the court…the case for further proceedings, because section 725.06 does not control. We affirm the dismissal of Count…indemnity provision failed to comply with section 725.06, Florida Statutes (1999); and (2) Humana lacked…dismiss. The hearing focused upon whether section 725.06, Florida Statutes (1999), applied to the maintenance…statutory requirements for indemnification. See § 725.06, Fla. Stat. . . . . Count II (Breach of Contract

American Home Assur. v. NAT. RR CORP.

Court: Fla. | Date Filed: 2005-07-07T00:00:00-07:00

Citation: 908 So. 2d 459

Snippet: legislative authority, and because under section 725.06, Florida Statutes (1997), the terms of the provision

Camp, Dresser & McKee, Inc. v. Paul N. Howard Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-06-13T00:00:00-07:00

Citation: 853 So. 2d 1072, 2003 Fla. App. LEXIS 8792, 2003 WL 21359199

Snippet: favor of Howard and INA on the ground that section 725.06, Florida Statutes (1983), precluded CDM's

Fleetwood Homes of Florida, Inc. v. Reeves

Court: Fla. Dist. Ct. App. | Date Filed: 2002-12-26T23:53:00-08:00

Citation: 833 So. 2d 857

Snippet: ) (liability for improper construction lien); § 725.06(1)(c), Fla. Stat. (2001) (prohibition for indemnity

Barton-Malow Co. v. Grunau Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2002-11-14T23:53:00-08:00

Citation: 835 So. 2d 1164

Snippet: agreement was void and unenforceable under section 725.06, Florida Statutes (1983). Under that statute, certain…subcontract agreements is unenforceable under section 725.06. Rather, Barton-Malow contends that, notwithstanding…Fla. 2d DCA 1984), this court held that section 725.06 does not invalidate any contractual provision other

George's Crane Service, Inc. v. Signal Service Industries, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2002-06-05T00:00:00-07:00

Citation: 819 So. 2d 233, 2002 Fla. App. LEXIS 8170, 2002 WL 1174387

Snippet: agreement did not meet the requirements of section 725.06(2), Florida Statutes (1999), since it did not give

Camp, Dresser & McKee, Inc. v. Paul N. Howard Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1998-12-22T23:53:00-08:00

Citation: 721 So. 2d 1254

Snippet: with section 725.06, Florida Statutes (1983), which provides, in relevant part: *1257 725.06 Construction…limitation on indemnification contracts, section 725.06, Florida Statutes (1983). We conclude that CDM&…limitation on the extent of indemnification. See § 725.06(1), Fla. Stat. (1983). [2] Howard maintains that

Canal Ins. Co. v. Reed

Court: Fla. Dist. Ct. App. | Date Filed: 1995-04-13T00:53:00-07:00

Citation: 653 So. 2d 1085

Snippet: whether the indemnity agreement complies with section 725.06, a defensive issue that presumably was considered

Linpro Florida Inc. v. Almandinger

Court: Fla. Dist. Ct. App. | Date Filed: 1992-08-12T00:53:00-07:00

Citation: 603 So. 2d 666

Snippet: extent because it does not comply with section 725.06, Florida Statutes (1991). The provision is enforceable

BE & K, INC. v. Seminole Kraft Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1991-06-28T00:53:00-07:00

Citation: 583 So. 2d 361

Snippet: on which it relied failed to comply with section 725.06, Florida Statutes, and (2) that Bricker's injury… indemnity agreement complied with Fla. Stat. § 725.06 and whether the plaintiff's injuries, in the…whether the indemnity agreement complies with section 725.06, a defensive issue that presumably was considered

Gulf Power Co. v. Cox Cable Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-11-14T23:53:00-08:00

Citation: 570 So. 2d 379

Snippet: indemnify Gulf against its own negligence. 4) Section 725.06, Florida Statutes, precludes utilization of the… Service of America, Inc. III. Whether section 725.06, Florida Statutes, precludes Gulf from maintaining…action for indemnification against Cox. Section 725.06, Florida Statutes, provides: Construction contracts…license to utilize the property of Gulf. Section 725.06, Florida Statutes, therefore, does not apply in

Peoples Gas System, Inc. v. RSH Constructors, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-05-07T00:53:00-07:00

Citation: 563 So. 2d 107

Snippet: section 725.06(2) need not be a dollar amount. In a fourth district case interpreting 725.06(2), Westinghouse… was void and unenforceable pursuant to section 725.06(2), Florida Statutes (1987). We conclude that the…granting summary judgment on this issue. Section 725.06 provides: Any portion of any agreement or contract…constituted specific consideration under section 725.06(2), most assuredly the payment of a percentage …to pay and is not sufficient to satisfy section 725.06(2). Here, however, not only was there a recital