Understanding Nebraska’s Anti-Indemnity Law: What Property Owners Need to Know When Hiring a Roofing Contractor

What Is Nebraska’s Anti-Indemnity Statute?

Nebraska’s anti-indemnity statute is a law designed to keep construction projects fair and safe, including roofing jobs like hail damage repair or wind storm roof repair. It says that no construction contract—whether for building, repairing, or maintaining a structure—can include a clause that lets one party (say, a general contractor) avoid responsibility for their own mistakes by passing it to another (like a subcontractor). If a contract tries to “indemnify” someone for their own negligence, that clause is void and unenforceable, as it’s against public policy. As Brett M. Bruneteau notes in his 2020 article, this law aims to “create a safer workplace” by ensuring everyone stays accountable (A Contractor’s Guide: Nebraska’s Anti-Indemnity Statute, 11 Neb. L. Rev. Bull. 1, *12).

Why does this matter for you? If you’re hiring a roofing contractor in Omaha for storm damage restoration, the anti-indemnity law protects against unfair contracts that might leave you or a subcontractor stuck with someone else’s mess. For example, if a contractor’s negligence causes an injury during your roof repair, they can’t dodge liability by pointing to a contract clause.

Why Anti-Indemnity Laws Exist

Construction, including roofing, is risky—21% of workplace fatalities in 2015 came from this industry, despite it being just 4% of the workforce (Bruneteau, supra, *2). Without laws like Nebraska’s, a general contractor could force a subcontractor to cover all liabilities, even if the contractor was careless. This could lead to unsafe practices, as there would be little incentive to prioritize safety. The anti-indemnity statute steps in to say: if you mess up, you own it.

In court, this principle has been tested. In Peter Kiewit Sons Co. v. O’Keefe Elevator Co., 191 Neb. 50, 213 N.W.2d 731 (1974), the Nebraska Supreme Court ruled that an indemnity clause didn’t cover a contractor’s own negligence unless the contract explicitly said so. The court found the clause ambiguous and sided against the contractor, showing how Nebraska courts protect fairness (Bruneteau, supra, *11). For property owners, this means a reputable Nebraska roofing company like Johnson Restoration won’t hide behind vague contract terms—you get transparency and accountability.

How It Affects Your Roofing or Restoration Project

When you hire a contractor for roof repair after a storm in Omaha, the anti-indemnity law shapes the contract. Here’s how:

• No Shifting Blame: A contractor can’t make a subcontractor pay for the contractor’s mistakes. If a worker falls due to the contractor’s poor safety measures, the contractor is liable—not the subcontractor or you.
• Clear Contracts: Good contractors, like Johnson Restoration, draft contracts that comply with the law, avoiding clauses that try to dodge their own negligence. This protects you from unexpected legal battles.
• Safer Work: By holding everyone accountable, the law encourages safer practices, reducing risks on your property during commercial roofing repair or home fixes.

However, the law only applies to “construction” contracts, like roofing or structural repairs, not everyday property management. In Kuhn v. Wells Fargo Bank of Nebraska, 278 Neb. 428, 771 N.W.2d 103 (2009), the Nebraska Supreme Court clarified that a landlord-tenant lease wasn’t covered because it wasn’t a construction deal. So, when you’re signing for storm damage roof repair, know this law is on your side, but it’s specific to construction work.

Insurance: The Contractor’s Workaround

Here’s where things get interesting: contractors often use insurance to manage risks without breaking the anti-indemnity law. Instead of indemnifying themselves, they might require subcontractors to name them as “additional insureds” on their Commercial General Liability (CGL) policies. This means the subcontractor’s insurance covers claims, even for the contractor’s negligence, without directly violating the statute.

In Anderson v. Nashua Corp., 251 Neb. 833, 560 N.W.2d 446 (1997), the Nebraska Supreme Court upheld this tactic, ruling that an agreement to procure insurance isn’t the same as indemnification, as long as the contract clearly states the intent. For you, this means a savvy Omaha roofing contractor will have insurance in place to handle claims smoothly, reducing your risk of disputes. At Johnson Restoration, we ensure our contracts align with Nebraska law, using insurance to cover potential issues without unfair clauses.

Another option is contractual liability insurance, where subcontractors cover specific liabilities agreed in the contract. This can protect contractors without clashing with the law, but it must be explicit (Federated Serv. Ins. Co. v. All. Const., 282 Neb. 638, 805 N.W.2d 468 (2011). As a property owner, ask your contractor about their insurance—it’s a sign they’re prepared for the unexpected.

Tips for Hiring a Roofing Contractor in Nebraska

Knowing about the anti-indemnity statute empowers you to choose a trustworthy contractor for storm damage restoration in Omaha. Here are practical tips to keep your project on track:

• Review Contracts Carefully: Look for clauses that might shift liability unfairly. A clause saying, “Subcontractor indemnifies Contractor for all claims,” could be void if it includes the contractor’s negligence. Ask for clear terms that comply with Neb. Rev. Stat. § 25-21,187(1).
• Check Insurance: Confirm the contractor has CGL coverage and is listed as an additional insured on subcontractors’ policies. This protects you if something goes wrong during hail damage roof repair.
• Ask About Safety: Since the law encourages safer workplaces, choose a contractor with a strong safety record. Johnson Restoration prioritizes safety to avoid accidents on your property.
• Get Local Expertise: A Nebraska roofing company familiar with local laws, like Johnson Restoration, knows how to draft contracts that hold up. We’ve navigated Omaha’s storm seasons and legal landscape for years.
• Watch for Red Flags: Avoid contractors who push vague or one-sided contracts. Transparency is key—reputable firms explain terms upfront.

Legal disputes can arise if contracts ignore the law. For instance, in Union Pac. R. Co. v. Perrett Const., No. 8:11CV138, 2012 WL 2368822 (D. Neb. June 21, 2012), a court held that negligence must be proven before invoking the anti-indemnity statute, showing how fact-specific these cases can be. A solid contract avoids such headaches.

Why It Matters for Your Storm Damage Repair

Whether you’re fixing a home roof after a  wind storm or a commercial building after a hailstorm, Nebraska’s anti-indemnity law ensures fairness. It stops contractors from shirking responsibility, which could otherwise lead to sloppy work or disputes that delay your roof repair in Omaha. By choosing a contractor who understands this law, you’re more likely to get quality repairs without legal snags.

At Johnson Restoration, we take the guesswork out of storm damage repair. Our contracts comply with Nebraska law, our insurance is rock-solid, and our team is trained to spot and fix damage—whether it’s cracked shingles or a punctured commercial membrane. We offer free inspections to assess your roof and guide you through insurance claims, making the process stress-free.

Trust Johnson Restoration for Your Roofing Needs

Navigating contracts and laws shouldn’t add to the stress of storm damage. Nebraska’s anti-indemnity statute is there to protect you, but it’s only effective if your contractor plays by the rules. With Johnson Restoration, you get a Nebraska roofing contractor who knows Omaha’s weather and laws inside out. Don’t let a bad contract or a shady contractor leave you high and dry. Schedule your free inspection online today, and let us restore your roof—and your peace of mind—with the expertise you deserve.