Bill Prohibiting Additional Insureds Awaits Governor's Signature
The Kansas legislature has passed Senate Bill 379, which prohibits
additional insured clauses in a subcontractor's contract.
The bill amends K.S.A. 2006 Supp. 16-121 to read:
"A provision in a construction contract which requires a party
to provide liability coverage to another party, as an additional
insured, for such other party's own negligence or intentional acts
or omissions is against public policy and is void and unenforceable."
The Kansas State Senate approved the legislation, 34-4, in late
January, while the House approved it in late March, 122-1. After
conference committee review, the legislation in its final form passed
both legislative bodies last week.
The legislation has been submitted to the office of Governor Kathleen
Sebelius for her approval this week, where it is expected to be
signed into law.
While legislative processes are notoriously arduous, Bill Miller,
government relations chairperson for the American Subcontractors
Association's Kansas chapter, notes, "After four years, we
finally got it to this point."
The provisions of the bill will go into effect January 1, 2009.
HERE to read the original coverage on the legislation.
HERE to read about the additional insured clause required by
the American Institute of Architects' new contract documents.
Need more info and analysis about the issues?
HERE to subscribe to USGlass magazine.