Idaho Code

Idaho Code § 29-114 (2026)

Indemnification of promisee for negligence — Effect on existing agreements.

✓ current as of May 2026

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Indemnification of promisee for negligence — Effect on existing agreements.

A covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair or maintenance of a building, structure, highway, appurtenance and appliance, including moving, demolition and excavating connected therewith, purporting to indemnify the promisee against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the promisee, his agents or employees, or indemnitees, is against public policy and is void and unenforceable.

This act will not be construed to affect or impair the obligations of contracts or agreements, which are in existence at the time the act becomes effective.

Notes of Decisions

Cited in 4 cases, 1984–2017 · leading case: Beitzel v. City of Coeur D'Alene, 827 P.2d 1160 (Idaho 1992).

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Beitzel v. City of Coeur D'Alene, 827 P.2d 1160 (Idaho 1992). · cites it 28× “The trial court ruled that because of this independent negligence the indemnification clause in the contract between GTNW and Orton was void and unenforceable under I.C. § 29-114 and there could be no common law indemnity from CDAA.”

Steiner Corp. v. Am. Dist. Tel., 683 P.2d 435 (Idaho 1984). · cites it 2× “Steiner argued at oral argument on appeal (although it was not argued below) that I.C. § 29-114 should apply to invalidate the Clause D part of this contract.”

Aetna Cas. & Sur. Co. v. Marion Equip. Co., 894 P.2d 664 (Alaska 1995). “§ 431:10-222; Idaho Code § 29-114 ; Ill.Ann. Stat. ch. 740, para.”

Wilhelm Constr., Inc. & J.C. Riberger Constr. Corp. v. Secura Ins., a Mut. Co. & Davenport Masoney, Inc. (mem. dec.) (Ind. Ct. App. 2017). “§ 431:10-222 ; Idaho Code § 29-114 ; 740 Ill. Comp. Stat.”

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