11-4.4 - Certain indemnification provisions in contracts with design professionals declared void.
§ 11-4.4. Certain indemnification provisions in contracts with designprofessionals declared void.
Any provision contained in any contract relating to the planning or design ofa building, structure or appurtenance thereto, including moving, demolitionor excavation connected therewith, or any provision contained in any contractrelating to the planning or design of construction projects other thanbuildings by which the architect or professional engineer performing suchwork purports to indemnify or hold harmless another party to the contractagainst liability for damage arising out of bodily injury to persons ordamage to property suffered in the course of the performance of the contract,caused by or resulting solely from the negligence of such other party, hisagents or employees, is against public policy and is void and unenforceable.
This section shall apply to such contracts between an architect orprofessional engineer and any public body as defined in § 2.2-4301. Everyprovision contained in a contract between an architect or professionalengineer and a public body relating to the planning or design of a building,structure or appurtenance thereto, including moving, demolition or excavationconnected therewith, or relating to the planning or design of constructionprojects other than buildings by which the architect or professional engineerperforming such work purports to indemnify or hold harmless the public bodyagainst liability is against public policy and is void and unenforceable.This section shall not be construed to alter or affect any provision in sucha contract that purports to indemnify or hold harmless the public bodyagainst liability for damage arising out of the negligent acts, errors oromissions, recklessness or intentionally wrongful conduct of the architect orprofessional engineer in performance of the contract.
This section shall not affect the validity of any insurance contract,workers' compensation, or any agreement issued by an admitted insurer.
(1995, c. 341; 2001, c. 670.)