CHAPTER 130. INDEMNIFICATION IN CERTAIN CONSTRUCTION CONTRACTS
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.