US-New YorkCan an indemnification clause in a construction contract be void in NY?
Yes, indemnification clauses in construction contracts are void in New York if they attempt to indemnify a party for its own negligence — except for certain limited exceptions like design professionals’ liability under specific conditions.
What the Law Says
New York law broadly prohibits construction contracts from including indemnification clauses that cover a party’s own negligence. This rule is codified in General Obligations Law § 5-322.1, which declares such provisions void as against public policy.
Under New York law, any clause in a construction contract that attempts to indemnify a party for damages arising out of their own negligence — whether sole, concurrent, or partial — is unenforceable and void. This applies to agreements between owners, contractors, subcontractors, and suppliers.
The law makes a narrow exception: design professionals (e.g., architects and engineers) may be required to indemnify owners for damages caused by their negligence — but only if the contract explicitly states that the indemnity covers negligence, and only to the extent of their professional liability insurance coverage.
This statutory prohibition overrides any contractual language to the contrary and cannot be waived by the parties.
Statutory TextAny clause in a contract… which purports to indemnify or hold harmless a party… from liability for damage arising out of bodily injury… or property damage… which arises out of the negligence of such party… is against public policy and is void.
— Gen. Oblig. Law § 5-322.1(1) — Indemnification clauses in construction contracts
What Courts Have Said
New York courts have consistently enforced § 5-322.1 to strike down broad indemnity clauses, emphasizing that public policy bars shifting liability for one’s own negligence.
Court held that an indemnity clause requiring a subcontractor to indemnify the general contractor for all claims — including those arising from the general contractor’s own negligence — was void under Gen. Oblig. Law § 5-322.1.
While not a construction case, this decision reinforced that indemnity provisions violating public policy — especially those insulating a party from consequences of its own negligence — are unenforceable in New York.
What to Do
Review your construction contract for any indemnity clause that references 'negligence,' 'liability,' or 'all claims' without limiting language.
Delete or revise clauses that purport to cover your own negligence — they are void and unenforceable in NY.
If you’re a design professional, ensure any indemnity provision explicitly references negligence and ties coverage to your professional liability insurance limits.
Consult a New York construction attorney before signing or enforcing an indemnity clause.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.