S.B. No. 687 amends the Civil Practice and Remedies Code to clarify liability provisions related to land surveying services in construction contracts. The bill introduces definitions for "land surveyor" and expands the scope of construction contracts to include land surveyors alongside architects and engineers. It establishes that any indemnification clauses requiring contractors to hold harmless architects, engineers, or land surveyors for damages resulting from their negligence or defects in their work are void and unenforceable. Additionally, it specifies that contracts for engineering, architectural, or land surveying services must adhere to a standard of care that reflects the professional skill ordinarily provided by competent practitioners in those fields.
The bill also outlines that governmental agencies cannot require indemnification or defense from engineers, architects, or land surveyors for claims arising from the agency's own negligence. It allows for the reimbursement of reasonable attorney's fees in proportion to the liability of the professional service provider. Importantly, the changes apply only to contracts entered into on or after the effective date of the Act, which is set for September 1, 2025. This legislation aims to protect professionals in the construction industry from unfair liability while ensuring that they maintain a standard of care in their services.
Statutes affected: Introduced: Civil Practice and Remedies Code 130.001, Civil Practice and Remedies Code 1071.002, Civil Practice and Remedies Code 130.0021, Civil Practice and Remedies Code 130.004, Civil Practice and Remedies Code 130.005, Local Government Code 271.904 (Civil Practice and Remedies Code 1071, Civil Practice and Remedies Code 130, Local Government Code 271)
Senate Committee Report: Civil Practice and Remedies Code 130.001, Civil Practice and Remedies Code 1071.002, Civil Practice and Remedies Code 130.0021, Civil Practice and Remedies Code 130.004, Civil Practice and Remedies Code 130.005, Local Government Code 271.904 (Civil Practice and Remedies Code 1071, Civil Practice and Remedies Code 130, Local Government Code 271)
Engrossed: Civil Practice and Remedies Code 130.001, Civil Practice and Remedies Code 1071.002, Civil Practice and Remedies Code 130.0021, Civil Practice and Remedies Code 130.004, Civil Practice and Remedies Code 130.005, Local Government Code 271.904 (Civil Practice and Remedies Code 1071, Civil Practice and Remedies Code 130, Local Government Code 271)
House Committee Report: Civil Practice and Remedies Code 130.001, Civil Practice and Remedies Code 1071.002, Civil Practice and Remedies Code 130.0021, Civil Practice and Remedies Code 130.004, Civil Practice and Remedies Code 130.005, Local Government Code 271.904 (Civil Practice and Remedies Code 1071, Civil Practice and Remedies Code 130, Local Government Code 271)
Enrolled: Civil Practice and Remedies Code 130.001, Civil Practice and Remedies Code 1071.002, Civil Practice and Remedies Code 130.0021, Civil Practice and Remedies Code 130.004, Civil Practice and Remedies Code 130.005, Local Government Code 271.904 (Civil Practice and Remedies Code 1071, Civil Practice and Remedies Code 130, Local Government Code 271)