ILCS » Chapter 740 · Act 35
Illinois Compiled Statutes

740 ILCS 35/1 (2026)

With respect to contracts or agreements, either public or private, for the construction, alteration, repair or maintenance of a building, structure, highway bridge, viaducts 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 from that person's own negligence is void as against public policy and wholly unenforceable

✓ current as of May 2026
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(740 ILCS 35/1) (from Ch. 29, par. 61)
    Sec. 1. With respect to contracts or agreements, either public or private, for the construction, alteration, repair or maintenance of a building, structure, highway bridge, viaducts 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 from that person's own negligence is void as against public policy and wholly unenforceable.
(Source: P.A. 77-1629.)

    
Notes of Decisions
Cited in 58 cases (1 in the last 5 years), 1994–2024 · leading case: West Bend Mut. Ins. v. Mulligan Masonry Co., 786 N.E.2d 1078 (Ill. App. Ct. 2003).
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West Bend Mut. Ins. v. Mulligan Masonry Co., 786 N.E.2d 1078 (Ill. App. Ct. 2003). · cites it 6× “Under the Construction Contract Indemnification for Negligence Act (Act) (740 ILCS 35/1 et seq. (West 2000)), any indemnification clause in a construction contract under which a person agrees to indemnify another against the other person's own negligence is against public policy…”
Buenz v. Frontline Transp. Co., 882 N.E.2d 525 (Ill. 2008). · cites it 2× “3d at 477 , quoting 740 ILCS 35/1 (West 2000). Additionally, the court pointed to the Managed Care Reform and Patient Rights Act, which provided that no person or health-care provider may be indemnified for its own negligence in the performance of his, her, or its duties.”
933 Van Buren Condo. Assoc. v. West Van Buren, LLC, 2016 IL App (1st) 143490 (Ill. App. Ct. 2016). · cites it 4× “” The circuit court found that the Construction Contract Indemnification for Negligence Act (Act) (740 ILCS 35/1 et seq. (West 2012)) “clearly applies to the agreements considered herein” as they were for construction.”
Est. of Willis v. Kiferbaum Constr. Corp., 830 N.E.2d 636 (Ill. App. Ct. 2005). · cites it 2× “A contract may affect also a party’s liability limitations where its provisions violate the Construction Contract Indemnification for Negligence Act (Indemnification Act) (740 ILCS 35/1 (West 2002)). The Indemnification Act renders void as against public policy any agreement…”
North River Ins. v. Jones, 655 N.E.2d 987 (Ill. App. Ct. 1995). · cites it 5× “740 ILCS 35/1 (West 1992). The Act provides: With respect to contracts or agreements, either public or private, for the construction, alteration, repair or maintenance of a building, structure, highway bridge, viaducts or other work dealing with construction, or for any moving,…”
Virginia Sur. Co. v. N. Ins., 866 N.E.2d 149 (Ill. 2007). “740 ILCS 35/1 (West 2000). Thus, in Braye v.”
Pekin Ins. Co. v. Designed Equip. Acquisition Corp., 2016 IL App (1st) 151689 (Ill. App. Ct. 2016). · cites it 4× “1-15-1689 pursuant to the policy, and even if it did, said agreement would be void under the Construction Contract Indemnification for Negligence Act (Act) (740 ILCS 35/1 (West 2012)), which reads: "With respect to contracts or agreements, either public or private, for the…”
Braye v. Archer-Daniels-Midland Co., 676 N.E.2d 1295 (Ill. 1997). “Section 1 of the Indemnification Act provides in relevant part: "With respect to contracts or agreements, either public or private, for the construction, alteration, repair or maintenance of a building structure, *** every covenant, promise or agreement to indemnify or hold…”
Herington v. J.S. Alberici Constr. Co., 639 N.E.2d 907 (Ill. App. Ct. 1994). · cites it 2× “Three arguments were advanced below and in this court in support of the motion: (1) the indemnification agreement contravenes public policy as set forth in the Construction Contract Indemnification for Negligence Act (the Anti-Indemnity Statute) (740 ILCS 35/1 (West 1992)); (2)…”
W.E. O'Neil Constr. Co. v. Gen. Cas. Co., 748 N.E.2d 667 (Ill. App. Ct. 2001). · cites it 2× “General Casualty contends that the insurance provision of the Blommaert subcontract and the subcontract’s indemnification provision were void under the Construction Contract Indemnification for Negligence Act (Act) (740 ILCS 35/1 (West 1998)). A motion for summary judgment is to…”
933 Van Buren Condo. Assoc. v. West Van Buren, LLC, 2016 IL App (1st) 143490 (Ill. App. Ct. 2016). · cites it 4× “” The circuit court found that the Construction Contract Indemnification for Negligence Act (Act) (740 ILCS 35/1 et seq. (West 2012)) “clearly applies to the agreements considered herein” as they were for construction.”
McNiff v. Millard Maint. Serv. Co., 715 N.E.2d 247 (Ill. App. Ct. 1999). · cites it 2× “In light of our determination regarding the failure of the agreement to clearly require the indemnification of JMB for JMB’s own negligence, we need not address Millard’s claims regarding the applicability of the Construction Contract Indemnification for Negligence Act (740 ILCS…”
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