63A-5-223 - Contracts -- Certain indemnification provisions forbidden. - Utah Statutes

63A-5-223. Contracts -- Certain indemnification provisions forbidden.
(1) As used in this section, "design professional" means:
(a) an architect, licensed under Title 58, Chapter 3a, Architects Licensing Act;
(b) a landscape architect, licensed under Title 58, Chapter 53, Landscape ArchitectsLicensing Act; and
(c) a professional engineer or professional land surveyor, licensed under Title 58,Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act.
(2) (a) Beginning May 12, 2009, a contract, including an amendment to an existingcontract, entered into under authority of this chapter may not require that a design professionalindemnify another from liability claims that arise out of the design professional's services, unlessthe liability claim arises from the design professional's negligent act, wrongful act, error oromission, or other liability imposed by law.
(b) Subsection (2)(a) may not be waived by contract.
(c) Notwithstanding Subsections (2)(a) and (b), a design professional may be required toindemnify a person for whom the design professional has direct or indirect control orresponsibility.

Enacted by Chapter 217, 2009 General Session