2011 South Dakota Code
Title 56 GUARANTY, SURETYSHIP AND INDEMNITY
Chapter 03. Indemnity
§56-3-16 Indemnification of architect or engineer for own errors prohibited in construction contract.
56-3-16. Indemnification of architect or engineer for own errors prohibited in construction contract. Construction contracts, plans and specifications which contain indemnification provisions shall include the following provision:
The obligations of the contractor shall not extend to the liability of the architect or engineer, his agents or employees arising out of:
(1) The preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or
(2) The giving of or the failure to give directions or instructions by the architect, or engineer, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage.
Source: SL 1972, ch 256, § 1.
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