CHAPTER 130. INDEMNIFICATION IN CERTAIN CONSTRUCTION CONTRACTS - Texas Statutes

CIVIL PRACTICE AND REMEDIES CODE

TITLE 6. MISCELLANEOUS PROVISIONS

CHAPTER 130. INDEMNIFICATION IN CERTAIN CONSTRUCTION CONTRACTS

Sec. 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, Sec. 3.14(a), eff. Sept.

1, 1987. Amended by Acts 2001, 77th Leg., ch. 351, Sec. 2, eff.

Sept. 1, 2001.

Sec. 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, Sec. 3.14(a), eff. Sept.

1, 1987. Amended by Acts 2001, 77th Leg., ch. 351, Sec. 3, eff.

Sept. 1, 2001.

Sec. 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, Sec. 3.14(a), eff. Sept.

1, 1987.

Sec. 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, Sec. 3.14(a), eff. Sept.

1, 1987. Amended by Acts 2001, 77th Leg., ch. 351, Sec. 4, eff.

Sept. 1, 2001.

Sec. 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, Sec. 3.14(a), eff. Sept.

1, 1987.