13-8-7. Contract for design professional services -- Agreements to indemnify.
(1) As used in this section: "Design professional" means: an individual licensed under:; Title 58, Chapter 3a, Architects Licensing Act; or Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; or Title 58, Chapter 53, Landscape Architects Licensing Act a nongovernmental entity engaged in the business of providing services that require a license described in Subsection. (1)(a)(i) "Design professional services" means: professional services within the scope of the practice of architecture as defined in Section; 58-3a-102 professional engineering or professional land surveying as defined in Section; or 58-22-102 professional services within the scope of the practice of landscape architecture as defined in Section. 58-53-102 "Design professional services contract" means a contract under which a design professional agrees to provide design professional services: to a governmental entity; or for an improvement owned or to be owned by a governmental entity. "Design professional services contract" does not include a construction contract, as defined in Section. 13-8-1 "Indemnification provision" means a covenant, promise, agreement, or understanding in, in connection with, or collateral to, a design professional services contract that requires the design professional to: indemnify or hold harmless any person from or against liability for damages other than liability for damages to the extent caused by or resulting from: the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or the design professional's subconsultant's negligence; defend any person from or against a claim alleging liability for damages, including a claim alleging: the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or the design professional's subconsultant's negligence; or reimburse any person for attorney fees or other costs incurred by the person in defending against a claim alleging liability for damages, except to the extent the attorney fees or costs were incurred due to: the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or the design professional's subconsultant's negligence. "Governmental entity" means the same as that term is defined in Section. 63G-7-102 "Improvement" means the same as that term is defined in Section. 78B-2-225 "Subconsultant" means a person with whom a design professional contracts to provide a service related to or part of the design professional services that the design professional agrees to perform under a design professional services contract.
(2) An indemnification provision is void.
(3) A design professional shall perform design professional services under a design professional services contract consistent with the professional skill and care ordinarily provided by other design professionals: with the same or similar professional license; and providing the same or similar design professional service: in the same or similar locality; at the same or similar time; and under the same or similar circumstances. Except as provided in Subsection, a design professional services contract may not establish a standard of care different from the standard of care described in Subsection. (3)(b)(ii) (3)(a) A design professional services contract may require a design professional to perform design professional services consistent with a specialized design expertise if the nature of the project that is the subject of the design professional services contract reasonably requires the specialized design expertise. A provision in a design professional services contract that purports to waive or conflicts with a provision of Subsectionis void. (3)(b)
(4) The provisions of this section apply to a design professional services contract executed on or after May 8, 2018.