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NY S04591
Bill
Status
2/10/2025
Primary Sponsor
Jeremy Cooney
Click for details
AI Summary
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Voids contract provisions requiring design professionals (licensed architects, engineers, landscape architects, and their firms) to broadly indemnify municipal corporations, state authorities, local authorities, or state agencies for work on public buildings, highways, bridges, water/sewer systems, and other public facilities
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Limits enforceable indemnification obligations to damages caused by or resulting from the design professional's own negligence, recklessness, or willful misconduct, with liability proportional to their degree of fault
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Applies to contracts executed on or after January 1, 2025 between design professionals and government entities for design, construction, inspection, monitoring, repair, or maintenance services
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Preserves indemnification requirements for non-professional liability claims covered by the design professional's commercial general liability or automobile insurance
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Does not affect or alter Labor Law sections 240 or 241 (scaffold law provisions governing workplace safety liability)
Legislative Description
Prohibits broad indemnification by a design professional of a state or local agency or political subdivision involving public work for contracts except to the extent that damages were caused by or are the proximate result of the negligence, recklessness, or willful misconduct of the design professional.
Last Action
REFERRED TO PROCUREMENT AND CONTRACTS
1/7/2026