SB 658

            
2020 SESSION


20107348D

SENATE BILL NO. 658

FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by Senator Surovell

on February 3, 2020)

(Patron Prior to Substitute--Senator Surovell)

A BILL to amend and reenact � 11-4.4 of the Code of Virginia,
relating to contracts with design professionals; provisions requiring a duty to
defend void.

Be it enacted by the General Assembly of Virginia:

1. That � 11-4.4 of the Code of Virginia is amended and
reenacted as follows:

� 11-4.4. Certain indemnification and duty to defend
provisions in contracts with design professionals declared void.

Any provision contained in any contract relating to the
planning or design of a building, structure or appurtenance thereto, including
moving, demolition or excavation connected therewith, or any provision
contained in any contract relating to the planning or design of construction
projects other than buildings by which the architect or professional engineer
performing such work purports to indemnify or hold harmless another party to
the contract against liability for damage arising out of bodily injury to
persons or damage to property suffered in the course of the performance of the
contract, caused by or resulting solely from the negligence of such other
party, his agents or employees, is against public policy and is void and
unenforceable.

This section shall apply to such contracts between an
architect or professional engineer and any public body as defined in �
2.2-4301. Every provision contained in a contract between an architect or
professional engineer and a public body relating to the planning or design of a
building, structure or appurtenance thereto, including moving, demolition or
excavation connected therewith, or relating to the planning or design of
construction projects other than buildings by which the architect or
professional engineer performing such work purports to indemnify or hold
harmless the public body against liability is against public policy and is void
and unenforceable. This section shall not be construed to alter or affect any
provision in such a contract that purports to indemnify or hold harmless the
public body against liability for damage arising out of the negligent acts,
errors or omissions, recklessness or intentionally wrongful conduct of the
architect or professional engineer in performance of the contract.

Any provision contained in any contract relating to the
planning or design of a building, structure, or appurtenance thereto, including
moving, demolition, or excavation connected therewith, or any provision
contained in any contract relating to the planning or design of construction
projects by which any party purports to impose a duty to defend on any other
party to the contract, is against public policy and is void and unenforceable.

This section shall not affect the validity of any insurance
contract, workers compensation, or any agreement issued by an admitted
insurer.