Limitations on the responsibility of agents, contractors, and representatives

A. It is the public policy of the state that the responsibility which may be imposed on an agent, contractor, or representative by reason of the responsibility of proprietors for ultrahazardous activity under Civil Code Article 667 or ultrahazardous activity under any other provision of law shall be limited solely to the obligation of such agent, contractor, or representative to act as the surety of such proprietor in the event the proprietor is held to be responsible to his neighbor for damage caused him and resulting from the work of such agent, contractor, or representative, and only in the event the proprietor is unable to satisfy any claim arising out of such damage. The agent, contractor, or representative who is responsible for damages, as limited by this Section, shall have a right of action against the proprietor for any damages, costs, loss, or expense which he may suffer in his capacity as the surety of the proprietor. B. Nothing in this Section shall be construed to relieve a contractor of any liability which he may incur as a result of his own negligence or the improper performance of the work performed under the construction contract. C. The provisions of this Section shall apply to all construction agreements entered into after the effective date hereof and may be waived by the contractor.