§15-221A. Design professional services agreement defined –

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Limitations on liability arising out of death or bodily injury void - Exceptions.

A. For purposes of this section, "design professional services agreement" means a contract, subcontract or agreement by any person or legal entity with an individual or legal entity possessing the qualifications to provide licensed architectural, licensed engineering, licensed land surveying services or other individuals or legal entities possessing specialized credentials and qualifications as may be needed to evaluate, plan or design for any construction project for the improvement of real property.

B. Except as provided in subsection C or D of this section, any provision in a design professional services agreement that requires an entity or that entity's insurer to indemnify, insure, defend or hold harmless another entity against liability for damage arising out of death or bodily injury to persons or damage to property which arises out of the negligence or fault of the indemnitee, its agents, representatives, subcontractors, suppliers or an entity for whom an indemnitor is not otherwise legally responsible is void and unenforceable.

C. The provisions of this section do not affect any provision in a design professional services agreement that requires an entity or that entity's insurer to indemnify another entity against liability for damage arising out of death or bodily injury to persons or damage to property; provided, that a lawful indemnification shall not exceed an amount that is proportionate to the degree or percentage of negligence or fault for which the indemnitor and an entity for which the indemnitor is legally responsible are adjudicated liable.

D. This section shall not affect any obligation under workers' compensation or coverage or insurance specifically relating to workers' compensation.

E. Any provision, covenant, clause or understanding in a design professional services agreement that conflicts with the provisions and intent of this section or attempts to circumvent this section by making the agreement subject to the laws of another state, or that requires any litigation, arbitration or other dispute resolution proceeding arising from the agreement to be conducted in another state, is void and unenforceable. Added by Laws 2021, c. 153, § 1, eff. Nov. 1, 2021.