Mississippi Code

Miss. Code Ann. § 31-5-41 (2026)

"Hold harmless" clauses in construction contracts are void; exceptions

✓ current as of July 2026

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With respect to all public or private contracts or agreements, for the construction, alteration, repair or maintenance of buildings, structures, highway bridges, viaducts, water, sewer or gas distribution systems, or other work dealing with construction, or for any moving, demolition or excavation connected therewith, every covenant, promise and/or agreement contained therein to indemnify or hold harmless another person from that person's own negligence is void as against public policy and wholly unenforceable.

This section does not apply to construction bonds or insurance contracts or agreements.

Codes, 1942, § 278.9; Laws, 1972, ch. 400, § 1, eff. 4/27/1972.

Notes of Decisions

Cited in 24 cases, 1976–2017 · leading case: Roy Anderson Corp. v. Transcontinental Ins., 358 F. Supp. 2d 553 (S.D. Miss. 2005).

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Roy Anderson Corp. v. Transcontinental Ins., 358 F. Supp. 2d 553 (S.D. Miss. 2005). · cites it 16× “In addition, Miss.Code Ann. § 31-5-41 does not void coverage under the policy; therefore, Plaintiff is entitled to coverage as an additional insured under Policy number 2049003164 issued by Defendant Transcontinental Insurance Company to Defendant A.”

Heritage Cablevision v. New Albany Elec. Power Sys., 646 So. 2d 1305 (Miss. 1994). · cites it 2× “Miss. Code Ann. § 31-5-41 , the statute which Heritage claims renders the indemnity clause void, reads: "Hold harmless" clauses in construction contracts are void; exceptions.”

Transocean Enter., Inc. v. Ingalls Shipbuilding, Inc., 33 So. 3d 459 (Miss. 2010). · cites it 2× “Miss.Code Ann. § 31-5-41 (Rev.2008). This statute could reasonably be interpreted as invalidating indemnity or "holdharmless" clauses in construction contracts to indemnify another person from that person's own negligence.”

Gene A. Wise v. E.I. Dupont De Nemours & Co., E.I. Dupont De Nemours & Co., Defendant-Third-Party v. Brown & Root U.S.A., Inc., Third-Party, 58 F.3d 193 (3rd Cir. 1995). “In the second motion, Brown & Root argued that if the indemnity clause did apply, it was void and unenforceable under Miss.Code Ann. § 31-5-41. The district court granted DuPont’s motion for summary judgment on Wise’s claim.”

Illinois Cent. Gulf R.R. Co. v. Int'l Paper Co., 824 F.2d 403 (5th Cir. 1987). · cites it 3× “Miss.Code Ann. § 31-5-41 provides: With respect to all .”

Mountain Fuel Supply Co. v. Emerson, 578 P.2d 1351 (Wyo. 1978). “Miss. Code Ann. § 31-5-41 (1972). 8 . It is noted that § 30-28.”

Accu-Fab & Constr., Inc. v. Ladner ex rel. Ladner, 970 So. 2d 1276 (Miss. Ct. App. 2000). · cites it 3× “While not argued by the parties, we are compelled to note that this state’s public policy, as set forth in Miss. Code Ann. § 31-5-41 (Rev.1990), precludes enforcement of this indemnification agreement.”

Lester Eng. Co. v. Richland Water & Sewer Dist., 504 So. 2d 1185 (Miss. 1987). “The motion alleged that: 1) Richland had no contractual responsibility to pay Lester; 2) Miss. Code Ann. § 31-5-41 prohibited indemnification from negligence as against public policy; 3) Lester was not an agent, but an independent contractor; and 4) Richland, as a public body,…”

Eagle Pac. Ins. Co. v. Quintanilla, 923 So. 2d 266 (Miss. Ct. App. 2006). · cites it 2× “The Courts have placed a restrictive, not liberal, construction on what is a construction contract under Miss.Code Ann. § 31-5-41 ... the Court finds that the subject contract was not a construction contract so as to place it under Miss.”

Certain London Mkt. Ins. Companies v. Pennsylvania Nat'l Mut. Cas. Ins., 269 F. Supp. 2d 722 (N.D. Miss. 2003). · cites it 3× “1976), was the first case to interpret Miss.Code § 31-5-41 and has many similarities to the case sub judice.”

James Robert Crosby v. The Gen. Tire & Rubber Co., Defendant-Third-Party v. Vulcan Painters, Inc., Etc., Etc., Third-Party, 543 F.2d 1128 (3rd Cir. 1976). “Miss.Code Ann. § 31-5-41 (1972). General Tire advances three theories in its search for some route around the statute.”

PIC Grp., Inc. v. LandCoast Insulation, Inc., 718 F. Supp. 2d 795 (S.D. Miss. 2010). “Miss.Code Ann. § 31-5-41 (2008). Georgia's comparable statute is O.”

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