Massachusetts General Laws

Mass. Gen. Laws ch. 149, § 29C (2026)

Indemnification as part of contract

✓ current as of July 2026

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Section 29C. Any provision for or in connection with a contract for construction, reconstruction, installation, alteration, remodeling, repair, demolition or maintenance work, including without limitation, excavation, backfilling or grading, on any building or structure, whether underground or above ground, or on any real property, including without limitation any road, bridge, tunnel, sewer, water or other utility line, which requires a subcontractor to indemnify any party for injury to persons or damage to property not caused by the subcontractor or its employees, agents or subcontractors, shall be void.

Notes of Decisions

Cited in 75 cases (4 in the last 5 years), 1986–2024 · leading case: City of Haverhill v. George Brox, Inc., 716 N.E.2d 138 (Mass. App. Ct. 1999).

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City of Haverhill v. George Brox, Inc., 716 N.E.2d 138 (Mass. App. Ct. 1999). · cites it 4× “On April 7, 1985, G. L. c. 149, § 29C, set forth in the margin, 2 became effective.”

Jones v. Vappi & Co., 546 N.E.2d 379 (Mass. App. Ct. 1989). · cites it 3× “Application of G. L. c. 149, § 29C. There is not even surface merit to the argument that the indemnity clause is invalid by reason of G.”

Spellman v. Shawmut Woodworking & Supply, Inc., 445 Mass. 675 (Mass. 2006). · cites it 3× “East Coast also alleged that enforcing the assignment would be prejudicial and would contravene both G. L. c. 149, § 29C, and G. L. c. 152. In their opposition, the plaintiffs challenged East Coast’s arguments and maintained that no actual loss is necessary under the…”

Herson v. New Boston Garden Corp., 667 N.E.2d 907 (Mass. App. Ct. 1996). · cites it 2× “We turn to Mass Electric’s argument that even if the language of the indemnity agreement would otherwise require full indemnification, G. L. c. 149, § 29C, forbids this result.”

Collins v. Kiewit Constr. Co., 667 N.E.2d 904 (Mass. App. Ct. 1996). · cites it 4× “Acting on cross motions for summary judgment, the judge allowed that of Kiewit, thereby determining that Jon-Son was in breach of the indemnification and insurance provisions of its subcontract with Kiewit. Accordingly, he ordered Jon-Son to indemnify Kiewit for the judgment…”

M. DeMatteo Constr. Co. v. A. C. Dellovade, Inc., 652 N.E.2d 635 (Mass. App. Ct. 1995). · cites it 3× “756 (1974), on the ground that Article IV was “void” under G. L. c. 149, § 29C. DeMatteo opposed the motion and simultaneously requested judgment on the basis of the contract language.”

Johnson v. Modern Cont'l Constr. Co., 731 N.E.2d 96 (Mass. App. Ct. 2000). · cites it 3× “A subcontractor’s obligation to indemnify any person for injury to persons or property in a construction contract is subject to the provisions of G. L. c. 149, § 29C, *547 which limits the subcontractor’s liability to injury to persons or property “caused by” the subcontractor,…”

Harnois v. Quannapowitt Dev., Inc., 619 N.E.2d 351 (Mass. App. Ct. 1993). · cites it 2× “With a nod to G. L. c. 149, § 29C, a Superior Court judge decided that under the circumstances C & R could not be required to indemnify Quannapowitt and ordered dismissal of the latter’s third-party complaint.”

Sheehan v. Modern Cont'l/Healy, 822 N.E.2d 305 (Mass. App. Ct. 2005). · cites it 4× “Indemnity agreements in construction contracts are subject to G. L. c. 149, § 29C, as appearing in St. 1986, c.”

Sciaba Constr. Corp. v. Frank Bean, Inc., 681 N.E.2d 288 (Mass. App. Ct. 1997). · cites it 4× “(Thermal), subcontractors, egregiously violates *67 G. L. c. 149, § 29C. That statute declared void a provision in a subcontract that requires the subcontractor to indemnify the general contractor for damages that the subcontractor did not cause.”

Nat'l Union Fire Ins. v. Lumbermens Mut. Cas. Co., 385 F.3d 47 (1st Cir. 2004). · cites it 2× “Lumbermens also argues that we should construe the policy to bar coverage because Mass. Gen. Laws ch. 149, § 29C bars a general contractor from securing an indemnity from its subcontractor "for injury to persons or damage to property not caused by the subcontractor or its…”

Miley v. Johnson & Johnson Orthopaedics, Inc., 668 N.E.2d 369 (Mass. App. Ct. 1996). · cites it 3× “To make presence alone the basis for indemnity, however, steps over the limit that the Legislature set in G. L. c. 149, § 29C. From the proscription in the statute of indemnity for injury or damage “not caused by the subcontractor” (emphasis supplied), the obverse proposition…”

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