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2019 Utah Code
Title 13 - Commerce and Trade
Chapter 8 - Unenforceable Agreements
Section 7 - Contract for design professional services -- Agreements to indemnify.
Universal Citation: UT Code § 13-8-7 (2019)
Effective 5/8/2018
13-8-7. Contract for design professional services -- Agreements to indemnify.
Enacted by Chapter 222, 2018 General Session
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).
- (i) an individual licensed under:
- (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.
- (i) "Design professional services contract" means a contract under which a design professional agrees to provide design professional services:
- (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.
- (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:
- (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.
- (a) "Design professional" means:
- (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.
- (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:
- (4) The provisions of this section apply to a design professional services contract executed on or after May 8, 2018.
Enacted by Chapter 222, 2018 General Session
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