NYSSPE is asking for your help in supporting legislation addressing uninsurable indemnification requirements placed on design professionals in public contracts. Hearing directly from practicing professionals helps lawmakers understand how these provisions affect the practice of engineering and participation in public projects.

This legislation would help ensure licensed design professionals are only held liable for the services they provide, consistent with the professional standards of care.

We’re at a critical moment for S4591 / A7379, and we need targeted outreach from design professionals across New York.

Step 1: Find Your Legislators

Use the NYS Board of Elections lookup tool:
NYS Elected Officials Districts

Step 2: Contact Key Legislators 

We are targeting:

• Assembly Governmental Operations Committee
• Senate Procurement & Contracts Committee
• Bill Sponsors

Full contact list with phone numbers, emails, and district maps:  Click Here
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Step 3: Use This Script

Sample letter:  Click Here
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Thank you for your engagement and for supporting the engineering profession in New York.

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Indemnification – Strongly Support
S4591 / A7379 – (Senator Cooney / Assemblyman Vanel)

This legislation, which was previously vetoed by former Governor Andrew Cuomo, addresses the issue of design professional contractual indemnification respecting public sector projects (state and local) and is strongly supported by NYSSPE. The legislation addresses public sector contracts wherein municipalities, state agencies and other governmental entities have inordinate leverage over the terms of indemnification. Presently, governmental entities can and do unfairly shift the burden to professional engineers and consulting firms for the cost of future contingent events such as personal injury, property damage and attendant attorneys’ fees.

Broad form defense and indemnification provisions subject design professionals to liability arising out of the circumstances that are well beyond the design professional’s scope of work and for matters over which the design professional has no control. Design professionals in many instances are unable to secure insurance to cover the scope of claims these provisions can generate. Many of the most highly qualified engineering firms simply refuse to participate in RFQs when confronted with adhesion contracts of this nature. As a result, both public owners and taxpayers are deprived of the opportunity to benefit from their participation.

This bill addresses indemnification inequity by voiding contractual provisions requiring defense and indemnification involving a public work to the extent that a design professional is required to defend and indemnify a municipality, state agency, and other governmental entity or other parties for damages that are not the result of the negligence, recklessness, or willful misconduct of the design professional. Responsibility for losses related to the actions or failures of other parties that are unrelated to the design professional services rightfully rest with the at-fault party or parties. Design professionals simply should not be compelled to provide indemnification for such conduct.

This legislation continues to face opposition from the general contractor community and efforts are underway to address these concerns. NYSSPE has been most vocal in proposing a compromise placing a cap on designer liability based on the proportional share design services represent in relation to a project as a whole.

By: Mark C. Kriss, Esq.; Legislative & Legal Counsel

Last year, NYSSPE, along with other interested parties, lobbied in favor of legislation to improve how cases are resolved when access to adjacent property is needed to facilitate repairs or improvements to a building and the adjacent property owner is unwilling to cooperate.
In late 2025, Governor Hochul signed legislation, which grants a license to access neighboring property.

The Governor has since signed a bill containing technical amendments, including ensuring proper general liability insurance coverage.
See S8761/A9457.

NYSSPE last year, together with other interested parties, lobbied in favor of legislation to improve the resolution of cases when access to adjacent property is needed to facilitate repair or improvements to a building and an adjacent property owner is unwilling to cooperate. The legislation, A357 B / S3799C, granting a license to access neighboring property, was signed by the Governor Hochul late last year.

The Governor’s approval was subject to adoption of technical amendments, including ensuring proper general liability insurance coverages. See S8761/A9457 2026. The bill has passed the Senate and speedy consideration by the Assembly and Governor are expected.