13-8-7. Contract for design professional services -- Agreements to indemnify.

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

Effective 5/8/2018

(1)As used in this section:

(a)"Design professional" means:

(i)an individual licensed under:

(A)Title 58, Chapter 3a, Architects Licensing Act ;

(B)Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act ; or

(C)Title 58, Chapter 53, Landscape Architects Licensing Act ; or

(ii)a nongovernmental entity engaged in the business of providing services that require a license described in Subsection (1)(a)(i) .

(b)"Design professional services" means:

(i)professional services within the scope of the practice of architecture as defined in Section 58-3a-102 ;

(ii)professional engineering or professional land surveying as defined in Section 58-22-102 ; or

(iii)professional services within the scope of the practice of landscape architecture as defined in Section 58-53-102 .

(i)"Design professional services contract" means a contract under which a design professional agrees to provide design professional services:

(A)to a governmental entity; or

(B)for an improvement owned or to be owned by a governmental entity.

(ii)"Design professional services contract" does not include a construction contract, as defined in Section 13-8-1 .

(d)"Indemnification provision" means a covenant, promise, agreement, or understanding in, in connection with, or collateral to, a design professional services contract that requires the design professional to:

(i)indemnify or hold harmless any person from or against liability for damages other than liability for damages to the extent caused by or resulting from:

(A)the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or

(B)the design professional's subconsultant's negligence;

(ii)defend any person from or against a claim alleging liability for damages, including a claim alleging:

(A)the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or

(B)the design professional's subconsultant's negligence; or

(iii)reimburse any person for attorney fees or other costs incurred by the person in defending against a claim alleging liability for damages, except to the extent the attorney fees or costs were incurred due to:

(A)the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or

(B)the design professional's subconsultant's negligence.

(e)"Governmental entity" means the same as that term is defined in Section 63G-7-102 .

(f)"Improvement" means the same as that term is defined in Section 78B-2-225 .

(g)"Subconsultant" means a person with whom a design professional contracts to provide a service related to or part of the design professional services that the design professional agrees to perform under a design professional services contract.

(2)An indemnification provision is void.

(a)A design professional shall perform design professional services under a design professional services contract consistent with the professional skill and care ordinarily provided by other design professionals:

(i)with the same or similar professional license; and

(ii)providing the same or similar design professional service:

(A)in the same or similar locality;

(B)at the same or similar time; and

(C)under the same or similar circumstances.

(i)Except as provided in Subsection (3)(b)(ii) , a design professional services contract may not establish a standard of care different from the standard of care described in Subsection (3)(a) .

(ii)A design professional services contract may require a design professional to perform design professional services consistent with a specialized design expertise if the nature of the project that is the subject of the design professional services contract reasonably requires the specialized design expertise.

(c)A provision in a design professional services contract that purports to waive or conflicts with a provision of Subsection (3)(b) is void.

(4)The provisions of this section apply to a design professional services contract executed on or after May 8, 2018.

Enacted by Chapter 222 , 2018 General Session