Section 13-8-7 - Contract for design professional services - Agreements to indemnify(1) As used in this section: (a) "Design professional" means: (i) an individual licensed under: (A) Title 58, Chapter 3a, Architects Licensing Act;(B) Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; or(C) Title 58, Chapter 53, Landscape Architects Licensing Act; or(ii) a nongovernmental entity engaged in the business of providing services that require a license described in Subsection (1)(a)(i).(b) "Design professional services" means:(i) professional services within the scope of the practice of architecture as defined in Section 58-3a-102;(ii) professional engineering or professional land surveying as defined in Section 58-22-102; or(iii) professional services within the scope of the practice of landscape architecture as defined in Section 58-53-102.(c)(i) "Design professional services contract" means a contract under which a design professional agrees to provide design professional services:(A) to a governmental entity; or(B) for an improvement owned or to be owned by a governmental entity.(ii) "Design professional services contract" does not include a construction contract, as defined in Section 13-8-1.(d) "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: (i) 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: (A) the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or(B) the design professional's subconsultant's negligence;(ii) defend any person from or against a claim alleging liability for damages, including a claim alleging: (A) the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or(B) the design professional's subconsultant's negligence; or(iii) 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: (A) the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or(B) the design professional's subconsultant's negligence.(e) "Governmental entity" means the same as that term is defined in Section 63G-7-102.(f) "Improvement" means the same as that term is defined in Section 78B-2-225.(g) "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) 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: (i) with the same or similar professional license; and(ii) providing the same or similar design professional service: (A) in the same or similar locality;(B) at the same or similar time; and(C) under the same or similar circumstances.(b)(i) Except as provided in Subsection (3)(b)(ii), a design professional services contract may not establish a standard of care different from the standard of care described in Subsection (3)(a).(ii) 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.(c) A provision in a design professional services contract that purports to waive or conflicts with a provision of Subsection (3)(b) is void.(4) The provisions of this section apply to a design professional services contract executed on or after May 8, 2018.Added by Chapter 222, 2018 General Session ,§ 1, eff. 5/8/2018.