# RCW 4.24.115: RCW 4.24.115: Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate or relative to a motor carrier transportation contract > Washington · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_T4_C24_S115 ## Section - **Citation:** RCW 4.24.115 - **Heading:** RCW 4.24.115: Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate or relative to a motor carrier transportation contract - **Jurisdiction:** Washington - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Washington Code / Title 4 / Chapter 24 / Section 115 ## Text (1) A covenant, promise, agreement, or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving and demolition in connection therewith, a contract or agreement for architectural, landscape architectural, engineering, or land surveying services, or a motor carrier transportation contract, purporting to indemnify, including the duty and cost to defend, against liability for damages arising out of such services or out of bodily injury to persons or damage to property: (a) Caused by or resulting from the sole negligence of the indemnitee, his or her agents or employees is against public policy and is void and unenforceable; (b) Caused by or resulting from the concurrent negligence of (i) the indemnitee or the indemnitee's agents or employees, and (ii) the indemnitor or the indemnitor's agents or employees, is valid and enforceable only to the extent of the indemnitor's negligence and only if the agreement specifically and expressly provides therefor, and may waive the indemnitor's immunity under industrial insurance, Title 51 RCW, only if the agreement specifically and expressly provides therefor and the waiver was mutually negotiated by the parties. This subsection applies to agreements entered into after June 11, 1986. (2) As used in this section, a "motor carrier transportation contract" means a contract, agreement, or understanding covering: (a) The transportation of property for compensation or hire by the motor carrier; (b) entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or (c) a service incidental to activity described in (a) or (b) of this subsection, including, but not limited to, storage of property, moving equipment or trailers, loading or unloading, or monitoring loading or unloading. "Motor carrier transportation contract" shall not include agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment. ## Nearby sections - [RCW 4.24.005 RCW 4.24.005: Tort actions—Attorneys' fees—Determination of reasonableness.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T4_C24_S005.md) - [RCW 4.24.010 RCW 4.24.010: Action for injury or death of child.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T4_C24_S010.md) - [RCW 4.24.020 RCW 4.24.020: Action by parent for seduction of child.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T4_C24_S020.md) - [RCW 4.24.040 RCW 4.24.040: Action for negligently permitting fire to spread.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T4_C24_S040.md) - [RCW 4.24.050 RCW 4.24.050: Kindling of fires by persons driving lumber.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T4_C24_S050.md) - [RCW 4.24.060 RCW 4.24.060: Application of common law.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T4_C24_S060.md) - [RCW 4.24.070 RCW 4.24.070: Recovery of money lost at gambling.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T4_C24_S070.md) - [RCW 4.24.080 RCW 4.24.080: Action to recover leased premises used for gambling.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T4_C24_S080.md) - [RCW 4.24.090 RCW 4.24.090: Validity of evidence of gambling debt.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T4_C24_S090.md) - [RCW 4.24.115 RCW 4.24.115: Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate or relative to a motor carrier transportation contract.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T4_C24_S115.md) - [RCW 4.24.130 RCW 4.24.130: Action for change of name—Fees.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T4_C24_S130.md) - [RCW 4.24.140 RCW 4.24.140: Action by another state to enforce tax liability.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T4_C24_S140.md) - [RCW 4.24.141 RCW 4.24.141: Action by another state to enforce tax liability—"Taxes" defined.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T4_C24_S141.md) - [RCW 4.24.150 RCW 4.24.150: Action for fines or forfeitures.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T4_C24_S150.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_T4_C24_S115. Check the current official text before relying on it. Not legal advice.