(a) Except as provided in subdivision (b), provisions, clauses, covenants, and agreements contained in, collateral to, or affecting any construction contract and amendments thereto entered into on or after January 1, 2013, that purport to insure or indemnify, including the cost to defend, a general contractor, construction manager, or other subcontractor, by a subcontractor against liability for claims of death or bodily injury to persons, injury to property, or any other loss, damage, or expense are void and unenforceable to the extent the claims arise out of, pertain to, or relate to the active negligence or willful misconduct of that general contractor, construction manager, or other subcontractor, or their other agents, other servants, or other independent contractors who are responsible to the general contractor, construction manager, or other subcontractor, or for defects in design furnished by those persons, or to the extent the claims do not arise out of the scope of work of the subcontractor pursuant to the construction contract. This section shall not be waived or modified by contractual agreement, act, or omission of the parties. Contractual provisions, clauses, covenants, or agreements not expressly prohibited herein are reserved to the agreement of the parties. This section shall not affect the obligations of an insurance carrier under the holding of Presley Homes, Inc. v. American States Insurance Company (2001) 90 Cal.App.4th 571, nor the rights of an insurance carrier under the holding of Buss v. Superior Court (1997) 16 Cal.4th 35. (b) This section does not apply to: (1) Contracts for residential construction that are subject to any part of Title 7 (commencing with Section 895) of Part 2 of Division 2. (2) Direct contracts with a public agency that are governed by subdivision (b) of Section 2782. (3) Direct contracts with the owner of privately owned real property to be improved that are governed by subdivision (c) of Section 2782. (4) Any wrap-up insurance policy or program. (5) A cause of action for breach of contract or warranty that exists independently of an indemnity obligation. (6) A provision in a construction contract that requires the promisor to purchase or maintain insurance covering the acts or omissions of the promisor, including additional insurance endorsements covering the acts or omissions of the promisor during ongoing and completed operations. (7) Indemnity provisions contained in loan and financing documents, other than construction contracts to which the contractor and a contracting project ownerâs lender are parties. (8) General agreements of indemnity required by sureties as a condition of execution of bonds for construction contracts. (9) The benefits and protections provided by the workersâ compensation laws. (10) The benefits or protections provided by the governmental immunity laws. (11) Provisions that require the purchase of any of the following: (A) Owners and contractors protective liability insurance. (B) Railroad protective liability insurance. (C) Contractors all-risk insurance. (D) Builders all-risk or named perils property insurance. (12) Contracts with design professionals. (13) Any agreement between a promisor and an admitted surety insurer regarding the promisorâs obligations as a principal or indemnitor on a bond. (c) Notwithstanding any choice-of-law rules that would apply the laws of another jurisdiction, the law of California shall apply to every contract to which this section applies. (d) Any waiver of the provisions of this section is contrary to public policy and is void and unenforceable. (e) Subdivision (a) does not prohibit a subcontractor and a general contractor or construction manager from mutually agreeing to the timing or immediacy of the defense and provisions for reimbursement of defense fees and costs, so long as that agreement does not waive or modify the provisions of subdivision (a) subject, however, to paragraphs (1) and (2). A subcontractor s
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