MS HB981

Voids hold harmless clauses and indemnification provisions in design professional contracts that require indemnification for damages not caused by the design professional's negligence, intentional tort, intellectual property infringement, or failure to pay subconsultants/suppliers.

Prohibits requiring design professionals to defend other parties against claims arising from professional services unless covered by the professional's liability insurance, though proportional attorney's fees reimbursement based on adjudicated liability is permitted.

Voids contract requirements that design professionals name other parties as additional insureds on professional liability insurance policies, though general liability and automobile liability policies may require additional insured status.

Establishes a mandatory standard of care for design professionals requiring services consistent with the professional skill and care ordinarily provided by practitioners in the same locality and circumstances, which supersedes any different standard in the contract.

Requires attorneys suing design professionals to file a certificate with the complaint certifying they consulted with a licensed professional in the same practice area and determined there is reasonable basis for the lawsuit when expert testimony on standard of care is required.

Effective July 1, 2024.