Utah Code 13-8-7. Contract for design professional services — Agreements to indemnify
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(1) As used in this section:
Terms Used In Utah Code 13-8-7
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5(1)(a) “Design professional” means:(1)(a)(i) an individual licensed under:(1)(a)(i)(A) Title 58, Chapter 3a, Architects Licensing Act;(1)(a)(i)(B) Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; or(1)(a)(i)(C) Title 58, Chapter 53, Landscape Architects Licensing Act; or(1)(a)(ii) a nongovernmental entity engaged in the business of providing services that require a license described in Subsection (1)(a)(i).(1)(b) “Design professional services” means:(1)(b)(i) professional services within the scope of the practice of architecture as defined in Section 58-3a-102;(1)(b)(ii) professional engineering or professional land surveying as defined in Section 58-22-102; or(1)(b)(iii) professional services within the scope of the practice of landscape architecture as defined in Section 58-53-102.(1)(c)(1)(c)(i) “Design professional services contract” means a contract under which a design professional agrees to provide design professional services:(1)(c)(i)(A) to a governmental entity; or(1)(c)(i)(B) for an improvement owned or to be owned by a governmental entity.(1)(c)(ii) “Design professional services contract” does not include a construction contract, as defined in Section 13-8-1.(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:(1)(d)(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:(1)(d)(i)(A) the design professional’s breach of contract, negligence, recklessness, or intentional misconduct; or(1)(d)(i)(B) the design professional’s subconsultant’s negligence;(1)(d)(ii) defend any person from or against a claim alleging liability for damages, including a claim alleging:(1)(d)(ii)(A) the design professional’s breach of contract, negligence, recklessness, or intentional misconduct; or(1)(d)(ii)(B) the design professional’s subconsultant’s negligence; or(1)(d)(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:(1)(d)(iii)(A) the design professional’s breach of contract, negligence, recklessness, or intentional misconduct; or(1)(d)(iii)(B) the design professional’s subconsultant’s negligence.(1)(e) “Governmental entity” means the same as that term is defined in Section 63G-7-102.(1)(f) “Improvement” means the same as that term is defined in Section 78B-2-225.(1)(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)(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:(3)(a)(i) with the same or similar professional license; and(3)(a)(ii) providing the same or similar design professional service:(3)(a)(ii)(A) in the same or similar locality;(3)(a)(ii)(B) at the same or similar time; and(3)(a)(ii)(C) under the same or similar circumstances.(3)(b)(3)(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).(3)(b)(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.(3)(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. - Person: means :