Tenn. Code Ann. » Tenn. Code / Title 62 / Chapter 6 / Part 1
Tennessee Code Annotated

Tenn. Code Ann. § 62-6-123 (2026)

Indemnify or hold harmless agreement invalid

✓ current as of May 2026
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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, appurtenance and appliance, including moving, demolition and excavating connected therewith, purporting to indemnify or hold harmless 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, the promisee's agents or employees or indemnitee, is against public policy and is void and unenforceable.

Acts 1976, ch. 822, § 24; T.C.A., § 62-624.

Notes of Decisions
Cited in 15 cases, 1988–2020 · leading case: Pitt v. Tyree Org. Ltd., 90 S.W.3d 244 (Tenn. Ct. App. 2002).
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Pitt v. Tyree Org. Ltd., 90 S.W.3d 244 (Tenn. Ct. App. 2002). · cites it 11× “On August 14, 2000, Tyree moved for summary judgment arguing that Tenn. Code Ann. § 62-6-123 does not apply to the indemnity provision and that it is valid and enforceable as against Pitt.”
Armoneit v. Elliott Crane Serv., Inc., 65 S.W.3d 623 (Tenn. Ct. App. 2001). · cites it 13× “Second, the trial court held that the indemnity provision in Elliott Crane’s standard rental agreement was void under Tenn.Code Ann. § 62-6-123 (1997). Thereafter, both the trial court and this court granted Elliott Crane’s application for an interlocutory appeal in accordance…”
Elliott Crane Serv., Inc. v. H.G. Hill Stores, Inc., 840 S.W.2d 376 (Tenn. Ct. App. 1992). · cites it 20× “, to dismiss the plaintiffs’ case based upon T.C.A. § 62-6-123 and Hill Stores’ lack of bargaining upon and assent to the terms of the alleged agreement sought to be enforced by the plaintiffs.”
Trinity Indus., Inc. v. McKinnon Bridge Co., 77 S.W.3d 159 (Tenn. Ct. App. 2001). · cites it 5× “Does Paragraph 19 Violate Tenn.Code Ann. § 62-6-123? McKinnon argues that Paragraph 19 violates a state statute that prohibits hold harmless or indemnity agreements in construction contracts.”
Am. Guarantee & Liab. Ins. Co. v. Norfolk S. Ry. Co., 278 F. Supp. 3d 1025 (E.D. Tenn. 2017). · cites it 5× “Tenn. Code Ann. § 62-6-123 . AG cites a nearly one-hundred-year-old Minnesota case to claim that the statute’s language applies to the maintenance of railroad crossings.”
Planters Gin Co. v. Fed. Compress & Warehouse Co., 78 S.W.3d 885 (Tenn. 2002). · cites it 2× “By statute, indemnity agreements relative to construction contracts are deemed void as against public policy, Tenn.Code Ann. § 62-6-123 (1997), and residential rental agreements in certain counties may not limit the liability of the landlord or indemnify the landlord for…”
Carroum v. Dover Elevator Co., 806 S.W.2d 777 (Tenn. Ct. App. 1990). · cites it 16× “Budgetel answered the third-party complaint and affirmatively pleaded as a defense T.C.A. § 62-6-123 (1986), which renders certain indemnity agreements void.”
Houghland v. Sec. Alarms & Servs., Inc., 755 S.W.2d 769 (Tenn. 1988). · cites it 4× “See T.C.A. § 62-6-123 (dealing with construction and building contracts); T.”
Aetna Cas. & Sur. Co. v. Marion Equip. Co., 894 P.2d 664 (Alaska 1995). · cites it 2× “56-3-18; Tenn.Code Ann. § 62-6-123; Utah Code Ann.”
Certain London Mkt. Ins. Companies v. Pennsylvania Nat'l Mut. Cas. Ins., 269 F. Supp. 2d 722 (N.D. Miss. 2003). “See Tenn.Code § 62-6-123 (formerly Tenn. Code § 62-624).”
Trimboli v. Maxim Crane Works, L.P. (M.D. Tenn. 2020). · cites it 4× “with or collateral to a contract or agreement relative to the construction, alteration, repair or maintenance of a building, structure, appurtenance and appliance, including moving, demolition and excavating connected therewith, purporting to indemnify or hold harmless the…”
Rentenbach Constructors, Inc. v. Eli Ben (Tenn. Ct. App. 2000). · cites it 9× “1 of the contract to be void and unenforceable under T.C.A. 62-6-123 and relieving Rentenbach of any legal duty to indemnify Ball and Mathews for losses sustained by them as a consequence of the Circuit Court lawsuits.”
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