CA SB885

Prohibits design professionals from being required to defend claims against other parties in construction contracts entered into on or after January 1, 2017, limiting their defense duty to claims arising from their own negligence, recklessness, or willful misconduct.

Allows design professionals to reimburse reasonable defense costs incurred by others only up to their degree of fault as determined by court, arbitration, or settlement.

Voids and makes unenforceable any contract provision requiring a design professional to defend other parties, with exceptions for project-specific general liability policies covering all participants and design-build joint venture agreements.

Requires all construction contracts and solicitation documents to automatically incorporate these provisions by reference as of January 1, 2017.

Applies similar restrictions to design professionals contracting with public agencies for services entered into on or after January 1, 2007, limiting indemnity obligations to claims arising from the design professional's own negligence, recklessness, or willful misconduct.