Minn. Stat. » CHAPTER 337. BUILDING AND CONSTRUCTION CONTRACTS
Minnesota Statutes

Minn. Stat. § 337.02 (2026)

Unenforceability Of Certain Agreements

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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An indemnification agreement contained in, or executed in connection with, a building and construction contract is unenforceable except to the extent that: (1) the underlying injury or damage is attributable to the negligent or otherwise wrongful act or omission, including breach of a specific contractual duty, of the promisor or the promisor's independent contractors, agents, employees, or delegatees; or (2) an owner, a responsible party, or a governmental entity agrees to indemnify a contractor directly or through another contractor with respect to strict liability under environmental laws.

Notes of Decisions
Cited in 26 cases (1 in the last 5 years), 1985–2021 · leading case: Eng'g & Constr. Innovations, Inc. v. L.H. Bolduc Co., 825 N.W.2d 695 (Minn. 2013).
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Eng'g & Constr. Innovations, Inc. v. L.H. Bolduc Co., 825 N.W.2d 695 (Minn. 2013). · cites it 45× “The court also concluded that Bolduc was required to indemnify ECI, and that the subcontract between ECI and Bolduc did not violate Minn.Stat. § 337.02 (2012), which prohibits indemnification for the fault of others in construction contracts.”
Seifert v. Regents of Univ. of Minnesota, 505 N.W.2d 83 (Minn. Ct. App. 1993). · cites it 16× “NewMech in turn argued Minn.Stat. § 337.02 (1984) invalidated the parties’ indemnification agreement and NewMech’s purchase of the St.”
Yang v. Voyagaire Houseboats, Inc., 701 N.W.2d 783 (Minn. 2005). · cites it 4× “Minn.Stat. § 337.02 (2004) (stating that “[a]n indemnification agreement contained in, or executed in connection with, a building and construction contract” is generally unenforceable).”
Harleysville Ins. Co. v. Physical Distrib. Servs., 716 F.3d 451 (8th Cir. 2013). · cites it 6× “Notice is the mainspring of an enforceable indemnification 7 As applied to building and construction contracts signed after August 1, 1984, Farmington is superseded by Minn. Stat. § 337.02 . See Katzner v. Kelleher Const.”
Braegelmann v. Horizon Dev. Co., 371 N.W.2d 644 (Minn. Ct. App. 1985). · cites it 8× “Indemnification agreements seeking to indemnify a party for losses resulting from that party's own negligent acts are not favored in the law. Such agreements contained in, or executed in connection with, building and construction contracts entered into after August 1, 1984, are…”
Holmes v. Watson-Forsberg Co., 488 N.W.2d 473 (Minn. 1992). · cites it 8× “Minn.Stat. § 337.02. Holmes v. Watson-Forsberg Co.”
Katzner v. Kelleher Constr., 545 N.W.2d 378 (Minn. 1996). · cites it 9× “Any such indemnity agreement signed after August 1, 1984, however, is subject to the restrictions of Minn.Stat. § 337.02 (1994). This statute provides that indemnification agreements in building and construction contracts are “unenforceable except to the extent that the…”
Dewitt v. London Rd. Rental Ctr., Inc., 910 N.W.2d 412 (Minn. 2018). · cites it 4× “1979), superseded by statute on other grounds , Minn. Stat. § 337.02 (2017). Dewitt , 899 N.”
D.W. Hutt Consultants, Inc. v. Constr. Maint. Sys., Inc., 526 N.W.2d 62 (Minn. Ct. App. 1995). · cites it 12× “The court also held that the indemnification clause was an agreement to provide specific insurance coverage under Minn.”
Eng'g & Constr. Innovations, Inc. v. L.H. Bolduc Co., 803 N.W.2d 916 (Minn. Ct. App. 2011). · cites it 23× “ovided that an indemnification agreement contained in or executed in connection with a building and construction contract is unenforceable except to the extent that “the underlying injury or damage is attributable to the negligent or otherwise wrongful act or omission, including…”
Van Vickle v. C.W. Scheurer & Sons, Inc., 556 N.W.2d 238 (Minn. Ct. App. 1996). · cites it 6× “Minn.Stat. § 337.02 (1994); Katzner v. Kelleher Constr.”
Hurlburt v. N. States Power Co., 549 N.W.2d 919 (Minn. 1996). · cites it 8× “No doubt because the all-encompassing indemnity agreement set out at numbered paragraph 7 of the Standard Subcontract runs afoul of Minn. Stat. § 337.02 (1994), which was first enacted in 1983, the parties modified numbered paragraph 7 by typewritten Attachment B:…”
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