LITIGATION ALERT: New Texas Construction Anti-Indemnity Statute Took Effect January 1, 2012

The Texas Legislature recently passed, and Governor Perry signed into law, House Bill 2093, which took effect on January 1, and which makes certain indemnity and additional insured provisions in construction contracts void and unenforceable as against public policy.  This legislation will have a significant impact on indemnity litigation in construction projects in Texas, and serve to reduce litigation over the scope of indemnity provisions in construction contracts.