Utah Code

Utah Code § 13-8-1 (2026)

Construction industry -- Agreements to indemnify

✓ current as of May 2026

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For purposes of this section:

"Construction contract" means a contract or agreement relative to the design, construction, alteration, repair, or maintenance of a building, structure, highway, appurtenance, appliance, or other improvement to real property, including moving, demolition, or excavating, connected to the construction contract between:

a construction manager;

a general contractor;

a subcontractor;

a sub-subcontractor;

a supplier; or

any combination of persons listed in Subsections (1)(a)(i) through (v).

"Indemnification provision" means a covenant, promise, agreement or understanding in, in connection with, or collateral to a construction contract requiring the promisor to insure, hold harmless, indemnify, or defend the promisee or others against liability if:

the damages arise out of:

bodily injury to a person;

damage to property; or

economic loss; and

the damages are caused by or resulting from the fault of the promisee, indemnitee, others, or their agents or employees.

Except as provided in Subsection (3), an indemnification provision in a construction contract is against public policy and is void and unenforceable.

When an indemnification provision is included in a contract related to a construction project between an owner and party listed in Subsection (1)(a), in any action for damages described in Subsection (1)(b)(i), the fault of the owner shall be apportioned among the parties listed in Subsection (1)(a) pro rata based on the proportional share of fault of each of the parties listed in Subsection (1)(a), if:

the damages are caused in part by the owner; and

the cause of the damages defined in Subsection (1)(b)(i) did not arise at the time and during the phase of the project when the owner was operating as a party defined in Subsection (1)(a).

This section may not be construed to affect or impair the obligations of contracts or agreements, that are in existence at the time this section or any amendment to this section becomes effective.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1983–2025 · leading case: Healey v. J.B. Sheet Metal, Inc., 892 P.2d 1047 (Utah Ct. App. 1995).

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Healey v. J.B. Sheet Metal, Inc., 892 P.2d 1047 (Utah Ct. App. 1995). · cites it 40× “Section 13-8-1 Next, Clark argues that the indemnity provision of the ABP/Clark Agreement, if construed to indemnify ABP for its own negligence, violates Utah Code Ann. § 13-8-1 (1992) and is therefore void.”

Penunuri v. Sundance Partners, Ltd., 2013 UT 22 (Utah 2013). · cites it 4× “§ 13-8-1(2) (Except in enumerated circumstances, “an indemnification provision in a construction contract is against public policy and is void and unenforceable.”

Blaisdell v. Dentrix Dental Sys., Inc., 284 P.3d 616 (Utah 2012). · cites it 5× “, the court of appeals interpreted Utah Code section 13-8-1, which voids indemnification provisions in construction contracts.”

Meadow Valley Contractors, Inc. v. Transcontinental Ins. Co., 2001 UT App 190 (Utah Ct. App. 2001). · cites it 6× “Utah Code Ann. § 13-8-1 (1)(b) (1999). 118 Transcontinental focuses on the phrase "agreement .”

Russ v. Woodside Homes, Inc., 905 P.2d 901 (Utah Ct. App. 1995). · cites it 6× “At oral argument, Russ’s counsel pointed to Utah Code Ann. § 13-8-1 (1992) as an articulation of public policy with regard to the present hold harmless provision.”

Jacobsen Constr. Co v. Blaine Constr. Co., 863 P.2d 1329 (Utah Ct. App. 1993). · cites it 4× “Utah Code Ann. § 13-8-1 (1992) provides in pertinent part: 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 .”

Wollam v. Kennecott Corp., 663 F. Supp. 268 (D. Utah 1987). · cites it 4× “” Utah Code Ann. § 13-8-1 (1986); cf. Freund v.”

Shell Oil Co. v. Brinkerhoff-Signal Drilling Co., 658 P.2d 1187 (Utah 1983). “, 1953, § 13-8-1 as further evidence that our legislative and judicial policy disfavors indemnity agreements.”

Aetna Cas. & Sur. Co. v. Marion Equip. Co., 894 P.2d 664 (Alaska 1995). “§ 62-6-123; Utah Code Ann. § 13-8-1 ; Va.Code Ann. § 11-4.”

The Phoenix Ins. Co. v. Kinsale Ins. Co. (D. Utah 2025). · cites it 14× “Utah Code § 13-8-1 As discussed above, Kinsale has a contractual duty to defend Gramoll as an additional insured in the underlying action based on the plain language of the Kinsale Policy and the additional insureds endorsement.”

Penunuri v. Sundance, 2013 UT 22 (Utah 2013). · cites it 3× “§ 13-8-1(2) (Except in enumerated circumstances, “an indemnification provision in a construction contract is against public policy and is void and unenforceable.”

— Utah Code § 13-8-1(1)(b) — 1 case

Blaisdell v. Dentrix Dental Sys., Inc., 284 P.3d 616 (Utah 2012). “, the court of appeals interpreted Utah Code section 13-8-1, which voids indemnification provisions in construction contracts.”

— Utah Code § 13-8-1(2) — 3 cases

Penunuri v. Sundance Partners, Ltd., 2013 UT 22 (Utah 2013). “§ 13-8-1(2) (Except in enumerated circumstances, “an indemnification provision in a construction contract is against public policy and is void and unenforceable.”

Meadow Valley Contractors, Inc. v. Transcontinental Ins. Co., 2001 UT App 190 (Utah Ct. App. 2001). “Utah Code Ann. § 13-8-1 (1)(b) (1999). 118 Transcontinental focuses on the phrase "agreement .”

Penunuri v. Sundance, 2013 UT 22 (Utah 2013). “§ 13-8-1(2) (Except in enumerated circumstances, “an indemnification provision in a construction contract is against public policy and is void and unenforceable.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.