2005 Texas Civil Practice & Remedies Code CHAPTER 130. INDEMNIFICATION IN CERTAIN CONSTRUCTION CONTRACTS

CIVIL PRACTICE & REMEDIES CODE

CHAPTER 130. INDEMNIFICATION IN CERTAIN CONSTRUCTION CONTRACTS


	§ 130.001. DEFINITION.  In this chapter "construction 
contract" means a contract or agreement made and entered into by an 
owner, contractor, subcontractor, registered architect, licensed 
engineer, or supplier concerning the design, construction, 
alteration, repair, or maintenance of a building, structure, 
appurtenance, road, highway, bridge, dam, levee, or other 
improvement to or on real property, including moving, demolition, 
and excavation connected with the real property.

Added by Acts 1987, 70th Leg., ch. 167, § 3.14(a), eff. Sept. 1, 
1987.  Amended by Acts 2001, 77th Leg., ch. 351, § 2, eff. Sept. 
1, 2001.


	§ 130.002. COVENANT OR PROMISE VOID AND 
UNENFORCEABLE.  (a) A covenant or promise in, in connection with, 
or collateral to a construction contract is void and unenforceable 
if the covenant or promise provides for a contractor who is to 
perform the work that is the subject of the construction contract to 
indemnify or hold harmless a registered architect, licensed 
engineer or an agent, servant, or employee of a registered 
architect or licensed engineer from liability for damage that:
		(1)  is caused by or results from:                                            
			(A)  defects in plans, designs, or specifications 
prepared, approved, or used by the architect or engineer;  or
			(B)  negligence of the architect or engineer in 
the rendition or conduct of professional duties called for or 
arising out of the construction contract and the plans, designs, or 
specifications that are a part of the construction contract;  and
		(2)  arises from:                                                             
			(A)  personal injury or death;                                               
			(B)  property injury;  or                                                    
			(C)  any other expense that arises from personal 
injury, death, or property injury.
	(b)  A covenant or promise in, in connection with, or 
collateral to a construction contract other than a contract for a 
single family or multifamily residence is void and unenforceable if 
the covenant or promise provides for a registered architect or 
licensed engineer whose engineering or architectural design 
services are the subject of the construction contract to indemnify 
or hold harmless an owner or owner's agent or employee from 
liability for damage that is caused by or results from the 
negligence of an owner or an owner's agent or employee.

Added by Acts 1987, 70th Leg., ch. 167, § 3.14(a), eff. Sept. 1, 
1987.  Amended by Acts 2001, 77th Leg., ch. 351, § 3, eff. Sept. 
1, 2001.


	§ 130.003. INSURANCE CONTRACT;  WORKERS' 
COMPENSATION.  This chapter does not apply to:
		(1)  an insurance contract;  or                                               
		(2)  a workers' compensation agreement.                                       

Added by Acts 1987, 70th Leg., ch. 167, § 3.14(a), eff. Sept. 1, 
1987.   


	§ 130.004. OWNER OF INTEREST IN REAL PROPERTY.  (a) 
Except as provided by Section 130.002(b), this chapter does not 
apply to an owner of an interest in real property or persons 
employed solely by that owner.
	(b)  Except as provided by Section 130.002(b), this chapter 
does not prohibit or make void or unenforceable a covenant or 
promise to:
		(1)  indemnify or hold harmless an owner of an interest 
in real property and persons employed solely by that owner;  or
		(2)  allocate, release, liquidate, limit, or exclude 
liability in connection with a construction contract between an 
owner or other person for whom a construction contract is being 
performed and a registered architect or licensed engineer.

Added by Acts 1987, 70th Leg., ch. 167, § 3.14(a), eff. Sept. 1, 
1987.  Amended by Acts 2001, 77th Leg., ch. 351, § 4, eff. Sept. 
1, 2001.


	§ 130.005. APPLICATION OF CHAPTER.  This chapter does not 
apply to a contract or agreement in which an architect or engineer 
or an agent, servant, or employee of an architect or engineer is 
indemnified from liability for:
		(1)  negligent acts other than those described by this 
chapter;  or         
		(2)  negligent acts of the contractor, any 
subcontractor, any person directly or indirectly employed by the 
contractor or a subcontractor, or any person for whose acts the 
contractor or a subcontractor may be liable.

Added by Acts 1987, 70th Leg., ch. 167, § 3.14(a), eff. Sept. 1, 
1987.