Healey v. J.B. Sheet Metal, Inc.

BENCH, Judge

(concurring in the result):

The main opinion’s expansive analysis of Freund v. Utah Power & Light Co., 793 P.2d 362 (Utah 1990), is unnecessary to the disposition of this case. I write separately to distance myself from the dicta in the main opinion that attempts to expand Freund’s narrow exception to the point of swallowing Freund’s rule of strict construction.

*1053I would follow this court’s analysis in Jacobsen Construction Co. v. Blaine Construction Co., 863 P.2d 1329, 1331 (Utah App.1993), and go directly to the controlling statute. If, as alleged by ABP, the agreement indemnifies ABP for its sole negligence, then the agreement is void under Utah Code Ann. § 13-8-1 (1992). I therefore concur in the result ultimately reached by the main opinion.