According to California Civil Code Section 2782, what must be included in a valid indemnification clause in a construction contract to be enforceable against a subcontractor?
Correct Answer
B) The clause cannot require indemnification for the sole negligence of the indemnitee
California Civil Code Section 2782 prohibits indemnification agreements that require a party to indemnify another for that party's sole negligence or willful misconduct. Such clauses are void and unenforceable as against public policy. The indemnification must relate to the indemnitor's own acts, errors, or omissions.
Why This Is the Correct Answer
California Civil Code Section 2782 voids any indemnification provision that requires a party to indemnify another for that indemnitee's sole negligence or willful misconduct. This rule protects subcontractors from being forced to absorb liability for harms entirely caused by the general contractor or owner. For an indemnification clause to be enforceable, it must only extend to the indemnitor's own acts, errors, or omissions — it cannot shift the indemnitee's own fault onto the subcontractor.
Why the Other Options Are Wrong
Option A: The clause must be in bold, capitalized text
Section 2782 contains no formatting requirement. The enforceability of an indemnification clause depends on its substantive content — specifically, who bears liability for whose negligence — not on whether the text appears in bold or capitalized type. Formatting requirements like these are distractors with no basis in the statute.
Option C: The clause must specifically reference the Civil Code section
The statute does not require the clause to reference its own Civil Code section number. Self-referencing a code section in the text of a contract clause is not a legal enforceability requirement in California. What matters is the substance of what the clause requires, not whether it cites its governing authority.
Option D: The indemnification must be mutual between all parties
Section 2782 does not mandate that indemnification be mutual between all parties. Mutual indemnification is a common contract negotiation point but is not a statutory requirement. The law's restriction is narrower: it simply bars indemnification for the indemnitee's sole negligence, regardless of whether the clause is one-way or mutual.
Memory Technique
Think 'You can't pass your own fault.' Civil Code 2782 = you cannot make someone else pay for your SOLE mistake. If the indemnitee is 100% at fault, the clause is void.
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