On February 4, 2026, the Pennsylvania House Judiciary Committee unanimously voted in favor of House Bill 1541, which moved it to its first day of consideration before the full House of Representatives.[1]  House Bill 1541 proposes an anti-indemnity in construction contracts law.   Notably, Pennsylvania is one of only a handful of states that has yet to enact some form of anti-indemnity law specific to construction contracts.[2]   

Indemnification clauses often present the greatest risk of any provision within a construction contract.  That is because a broad form indemnification provision can shift all risk of loss or damage from one party to the other and can do so without any regard for who is at fault for the loss or damage.  Indeed, the loss or damage could have been caused by the sole fault of the “indemnitee” (the party to be indemnified against the loss or damage), with the “indemnitor” (the party promising to indemnity against the loss or damage) having no fault at all, and the indemnitor could still be held fully liable under a broad form indemnification clause. This is the case in Pennsylvania.            

House Bill 1541 would create a statutory bar to owners or general contractors including within a construction contract a requirement that “an indemnitee be indemnified, held harmless, or insured for damages, claims, losses or expenses arising out of bodily injury to persons, damage to property or economic damage caused by or resulting from the indemnitee’s negligence, in whole or in part.”[3]  Put simply, if enacted, an owner or general contactor could not require a downstream party to indemnify, hold harmless, or insure an “indemnitee” against personal injury or property damage for which the owner, general contractor, or other named “indemnitees” are at fault. 

The enactment of an anti-indemnity law would be significant development for the construction industry within the Commonwealth of Pennsylvania.  Hendrick Phillips Salzman & Siegel will continue to track the progress of this legislation and provide updates. 


[1] Pursuant to standard legislative procedure in the Pennsylvania House of Representatives, after the first day of consideration, which is limited to a reading of the number and title of the bill, the bill is automatically tabled. 

[2] Foundation of the American Subcontractors Association, Inc., Anti-Indemnity Statutes in the 50 States: 2020, at V, available at https://www.keglerbrown.com/content/uploads/2019/10/Anti-Indemnity-Statutes-in-the-50-States-2020.pdf

[3] House Bill 1541, Printer’s No. 2873.