Section 1203 – Certain indemnification provisions forbidden — Exceptions.

• (1) A contract, including an amendment to an existing contract, entered into under this chapter may not require that a design professional indemnify another from liability claims that arise out of the design professional’s services, unless the liability claim arises from the design professional’s negligent act, wrongful act, error or omission, or other liability imposed by law.

• (2) Subsection (1) may not be waived by contract.

• (3) Notwithstanding Subsections (1) and (2), a design professional may be required to indemnify a person for whom the design professional has direct or indirect control or responsibility.

Amended by Chapter 218, 2015 General Session