Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 279 First Substitute (2018GS)

Sponsor

Rep. Christofferson, K.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• prohibits a provision in a design professional services contract that requires a design professional to indemnify, hold harmless, or reimburse a person for attorney fees or other costs, except in the case of:
• the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or
• the design professional's subconsultant's negligence;
• prohibits a provision in a design professional services contract that requires a design professional to defend a person against a claim alleging liability for damages;
• establishes a standard of care for design professionals; and
• prohibits a person from establishing a different standard of care for a design professional in a design professional services contract.

Every vote on this bill

Bill text

DESIGN PROFESSIONALS LIABILITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kay J. Christofferson
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill enacts provisions related to design professional liability.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prohibits a provision in a design professional services contract that requires a design
professional to indemnify, hold harmless, or reimburse a person for attorney fees or
other costs, except in the case of:
• the design professional's breach of contract, negligence, recklessness, or
intentional misconduct; or
• the design professional's subconsultant's negligence;
▸ prohibits a provision in a design professional services contract that requires a design
professional to defend a person against a claim alleging liability for damages;
▸ establishes a standard of care for design professionals; and
▸ prohibits a person from establishing a different standard of care for a design
professional in a design professional services contract.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
13-8-7
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
13-8-7
 is enacted to read:
 13-8-7.
Contract for design professional services -- Agreements to indemnify.
(1) As used in this section:
(a) "Design professional" means:
(i) an individual licensed under:
(A) Title 58, Chapter 3a, Architects Licensing Act;
(B) Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors
Licensing Act; or
(C) Title 58, Chapter 53, Landscape Architects Licensing Act; or
(ii) a nongovernmental entity engaged in the business of providing services that require
a license described in Subsection (1)(a)(i).
(b) "Design professional services" means:
(i) professional services within the scope of the practice of architecture as defined in
Section 
58-3a-102
;
(ii) professional engineering or professional land surveying as defined in Section
58-22-102
; or
(iii) professional services within the scope of the practice of landscape architecture as
defined in Section 
58-53-102
.
(c) (i) "Design professional services contract" means a contract under which a design
professional agrees to provide design professional services:
(A) to a governmental entity; or
(B) for an improvement owned or to be owned by a governmental entity.
(ii) "Design professional services contract" does not include a construction contract, as
defined in Section 13-8-1.
(d) "Indemnification provision" means a covenant, promise, agreement, or
understanding in, in connection with, or collateral to, a design professional services contract
that requires the design professional to:
(i) indemnify or hold harmless any person from or against liability for damages other
than liability for damages to the extent caused by or resulting from:
(A) the design professional's breach of contract, negligence, recklessness, or intentional
misconduct; or
(B) the design professional's subconsultant's negligence;
(ii) defend any person from or against a claim alleging liability for damages, including
a claim alleging:
(A) the design professional's breach of contract, negligence, recklessness, or intentional
misconduct; or
(B) the design professional's subconsultant's negligence; or
(iii) reimburse any person for attorney fees or other costs incurred by the person in
defending against a claim alleging liability for damages, except to the extent the attorney fees
or costs were incurred due to:
(A) the design professional's breach of contract, negligence, recklessness, or intentional
misconduct; or
(B) the design professional's subconsultant's negligence.
(e) "Governmental entity" means the same as that term is defined in Section
63G-7-102
.
(f) "Improvement" means the same as that term is defined in Section 
78B-2-225
.
(g) "Subconsultant" means a person with whom a design professional contracts to
provide a service related to or part of the design professional services that the design
professional agrees to perform under a design professional services contract.
(2) An indemnification provision is void.
(3) (a) A design professional shall perform design professional services under a design
professional services contract consistent with the professional skill and care ordinarily provided
by other design professionals:
(i) with the same or similar professional license; and
(ii) providing the same or similar design professional service:
(A) in the same or similar locality;
(B) at the same or similar time; and
(C) under the same or similar circumstances.
(b) (i) Except as provided in Subsection (3)(b)(ii), a design professional services
contract may not establish a standard of care different from the standard of care described in
Subsection (3)(a).
(ii) A design professional services contract may require a design professional to
perform design professional services consistent with a specialized design expertise if the nature
of the project that is the subject of the design professional services contract reasonably requires
the specialized design expertise.
(c) A provision in a design professional services contract that purports to waive or
conflicts with a provision of Subsection (3)(b) is void.
(4) The provisions of this section apply to a design professional services contract
executed on or after May 8, 2018.