Kansas 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.

CLICK HERE to read the original coverage on the legislation.

CLICK HERE to read about the additional insured clause required by the American Institute of Architects' new contract documents.

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