PROHIBITED CONTRACTS

RSA tit. XXXI, ch. 338-A

in effect

RSA 338-A:1 Indemnification Agreements Prohibited.

338-A:1. Indemnification Agreements Prohibited. Any agreement or provision whereby an architect, engineer, surveyor or his agents or employees is sought to be held harmless or indemnified for damages and claims arising out of circumstances giving rise to legal liability by reason of negligence on the part of any said persons shall be against public policy, void and wholly unenforceable. Source. 1971, 407:1. 1973, 311:1, eff. Aug. 25, 1973.

RSA 338-A:2 Indemnification as Part of Contract.

338-A:2. Indemnification as Part of Contract. Any provision for or in connection with a contract for construction, reconstruction, installation, alteration, remodeling, repair, demolition, or maintenance work, including without limitation, excavation, backfilling or grading, on any building or structure, whether underground or above ground, or on any real property, including without limitation any road, bridge, tunnel, sewer, water, or other utility line, which requires any party to indemnify any person or entity for injury to persons or damage to property not caused by the party or its employees, agents, or subcontractors, shall be void. Source. 2004, 3:2, eff. Mar. 5, 2004.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XXXI-338-A.htmFetched: 10/20/2026