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To this end, the language in the statute nullifies any agreement that has “the effect of holding the person at fault harmless.” but what about “limit of liability” provisions? The loaia bars an oilfield agreement to the extent that the agreement contains provisions for indemnification for losses caused by the negligence or fault of the indemnitee. This act shall apply to certain provisions contained in, collateral to or affecting agreements in connection with the activities listed in subsection c which are designed to provide indemnity to the indemnitee for all work performed between the indemnitor and the indemnitee in the future.

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If you do business in the energy, transportation, and construction sectors of louisiana, chances are good that you have signed, or been asked to sign, a contract that requires your company to “defend and indemnify” a client or customer for damages that are not your fault. 9:2780.1) generally renders null, void and unenforceable any provision in a construction contract (defined broadly to include design, construction, alteration, renovation, repair, and maintenance) which either: Louisiana law review constructing clearer policy

It will be important to ensure that the motor carrier’s defense obligation does not exceed its indemnity obligation in drafting future contracts governed by louisiana or tennessee law.