By: Mark Kriss, Esq., Legislative Counsel
Legislation strongly endorsed by the Society has been re-introduced for the 2023 Legislative Session. Key bills include:
Indemnification Reform Senate 6059 (Senator Kennedy) This legislation will prevent governmental entities (state and local level) from contractually shifting the burden of defense costs and indemnification payments to design consulting firms based solely on contract terms. As a matter of law contract provisions requiring indemnification in the absence of wrongdoing on the part of the design professional will be unenforceable.
Emergency Responder Senate 3312 (Senator Skoufis) the Emergency Responder Act, combines Good Samaritan protection with a proposal offering liability protection for emergency responders hired in the immediate wake of a natural or man-made disaster. In essence, design professionals are held harmless in the absence of gross negligence or intentional misconduct.
Statute of Repose Assembly Bill 4549 (Assemblyman Pretlow) codifies a 10-year Statute of Repose barring claims arising against a design professional long after a building or other project has been completed and withstood the test of time. The Society is working to tie our bill to a strong push by the plaintiff personal injury trial lawyers for adoption of legislation to broaden recovery in wrongful death cases. We are coordinating our legislative efforts with other organizations representing the design community.
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