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: District Court of Appeal of Florida | Date Filed: 2018-12-14

Citation: 261 So. 3d 711

Snippet: were void and unenforcable pursuant to section 725.06, Florida Statutes (2004), which provides in relevant

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

Court: District Court of Appeal of Florida | Date Filed: 2018-12-14

Citation: 261 So. 3d 711

Snippet: were void and unenforcable pursuant to section 725.06, Florida Statutes (2004), which provides in relevant

Sierra Club v. Julie Imanuel Brown, etc.

Court: Supreme Court of Florida | Date Filed: 2018-05-17

Citation: 243 So. 3d 903

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-04-25

Citation: 245 So. 3d 779

Snippet: its own negligence, did not comply with section 725.06, Florida Statutes (2008), and, thus, its contractual

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

Court: District Court of Appeal of Florida | Date Filed: 2018-01-31

Snippet: its own negligence, did not comply with section 725.06, Florida Statutes (2008), and, thus, its contractual

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

Court: District Court of Appeal of Florida | Date Filed: 2013-04-24

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

Snippet: Pilot’s indemnity claims were barred by section 725.06, Florida Statutes (2005). The trial court granted

Griswold Ready Mix Concrete, Inc. v. Reddick

Court: District Court of Appeal of Florida | Date Filed: 2012-04-12

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

Mastec, Inc. v. Suncoast Underground, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2010-01-20

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: District Court of Appeal of Florida | Date Filed: 2006-09-05

Citation: 937 So. 2d 238, 2006 WL 2527245

Snippet: unenforceable due to Kone's failure to comply with section 725.06, Florida Statutes (1999). As to Count II, the court

American Home Assur. v. NAT. RR CORP.

Court: Supreme Court of Florida | Date Filed: 2005-07-07

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: District Court of Appeal of Florida | Date Filed: 2003-06-13

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 claim

Fleetwood Homes of Florida, Inc. v. Reeves

Court: District Court of Appeal of Florida | Date Filed: 2002-12-27

Citation: 833 So. 2d 857, 2002 WL 31875183

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

Barton-Malow Co. v. Grunau Co.

Court: District Court of Appeal of Florida | Date Filed: 2002-11-15

Citation: 835 So. 2d 1164, 2002 WL 31526781

Snippet: agreement was void and unenforceable under section 725.06, Florida Statutes (1983). Under that statute, certain

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

Court: District Court of Appeal of Florida | Date Filed: 2002-06-05

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: District Court of Appeal of Florida | Date Filed: 1998-12-23

Citation: 721 So. 2d 1254, 1998 Fla. App. LEXIS 16033, 1998 WL 889725

Snippet: limitation on indemnification contracts, section 725.06, Florida Statutes (1983). We conclude that CDM's

Canal Ins. Co. v. Reed

Court: District Court of Appeal of Florida | Date Filed: 1995-04-13

Citation: 653 So. 2d 1085, 1995 WL 214972

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

Linpro Florida Inc. v. Almandinger

Court: District Court of Appeal of Florida | Date Filed: 1992-08-12

Citation: 603 So. 2d 666, 1992 WL 191288

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: District Court of Appeal of Florida | Date Filed: 1991-06-28

Citation: 583 So. 2d 361, 1991 Fla. App. LEXIS 6113, 1991 WL 115136

Snippet: on which it relied failed to comply with section 725.06, Florida Statutes, and (2) that Bricker's injury

Gulf Power Co. v. Cox Cable Corp.

Court: District Court of Appeal of Florida | Date Filed: 1990-11-15

Citation: 570 So. 2d 379, 1990 Fla. App. LEXIS 8749

Snippet: indemnify Gulf against its own negligence. 4) Section 725.06, Florida Statutes, precludes utilization of the

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

Court: District Court of Appeal of Florida | Date Filed: 1990-05-07

Citation: 563 So. 2d 107, 1990 Fla. App. LEXIS 3103, 1990 WL 57803

Snippet: was void and unenforceable pursuant to section 725.06(2), Florida Statutes (1987). We conclude that the