SB261 Summary

• Voids contract provisions requiring design professionals (architects, landscape architects, surveyors, engineers, interior designers, geologists) to indemnify parties for liability caused by others' negligence, recklessness, intentional torts, or intellectual property infringement.

• Prohibits requiring design professionals to defend contracting parties against claims not covered by the professional's liability insurance or to list parties as additional insureds on professional liability policies.

• Permits contracts to require design professionals to list additional insureds on general liability and automobile liability insurance policies, and to reimburse reasonable attorney fees and litigation costs proportional to the professional's liability.

• Establishes that all design professional contracts must require performance with ordinary professional skill and care of a competent professional under similar circumstances, regardless of different standards in the contract.

• Preserves the right to enforce conditions related to project scope, fees, and schedule, and does not alter state joint and several liability law or workers' compensation law.