13-8-2 - Contractual limitations of liability arising from services of design professionals prohibited.
13-8-2. Contractual limitations of liability arising from services of designprofessionals prohibited.
(1) As used in this section:
(a) "Agreement" means a contract, promise, covenant, or understanding.
(b) "Contractor" means any person engaged by an owner to develop or assist in thedevelopment of the owner's land.
(c) "Design professional" means an architect, engineer, or land surveyor. It includes anyother person who, for a fee or other compensation, performs services similar to the services of anarchitect, engineer, or land surveyor in connection with the development of land.
(d) "Development" means the construction, alteration, repair, maintenance, orimprovement of land, including any related moving, demolition, or excavation.
(e) "Land" means any real property, including any building, fixture, improvement,appurtenance, structure, road, highway, or other development.
(f) "Liability" includes liability arising by contract, indemnity, contribution, tort, orotherwise.
(g) "Owner" means the holder of any legal or equitable title or interest in property.
(h) "Subcontractor" means any person engaged by a contractor to develop or assist in thedevelopment of land.
(2) An agreement between an owner and a contractor may not limit the owner's or adesign professional's liability to the contractor for any claim arising from services performed bythe design professional in connection with the development of land. This subsection does notapply if the owner and the contractor are the same person or entity or are controlled by the sameperson or entity.
(3) An agreement between a contractor and a subcontractor may not limit the owner's or adesign professional's liability to the subcontractor for any claim arising from services performedby the design professional in connection with the development of land.
(4) This section does not apply if the design professional is retained under a singlecontract to perform both the design and the construction of the project, such as in a design-buildor turn-key project.
(5) This section may not be construed to affect any limitation of a design professional'sliability to an owner or other design professional that may exist in an agreement between theowner and the design professional or between design professionals.
(6) This section does not affect or impair the obligations of agreements in existence as ofMay 1, 1988.
Enacted by Chapter 129, 1988 General Session