SB126 Summary

• Voids and makes unenforceable any contract provision requiring design professionals (architects, landscape architects, surveyors, engineers, or geologists) to indemnify parties against liability except for damages caused by the design professional's own negligence, intentional tort, intentional property infringement, or failure to pay subconsultants or suppliers.

• Prohibits contracts from requiring design professionals to defend indemnitees against professional liability claims or to name parties as additional insureds on professional liability insurance policies.

• Allows contracts to require design professionals to name additional insureds on general liability and automobile liability insurance policies and to provide proportional reimbursement of reasonable attorney fees based on the design professional's degree of liability.

• Establishes a standard of care requirement that all design professional contracts must comply with, mandating professional skill and care ordinarily provided by a competent design professional under similar circumstances, with this standard overriding any differing contract provision.

• Becomes effective on the first day of the third month following passage and approval by the Governor.