The bill, S.B. No. 687, amends the Civil Practice and Remedies Code to clarify liability provisions related to land surveying services in construction contracts. It introduces new definitions, including "land surveyor," and expands the scope of indemnification clauses to include land surveyors alongside registered architects and licensed engineers. The bill specifies that certain indemnification promises are void and unenforceable if they require a contractor to indemnify these professionals for damages resulting from their own negligence or defects in their work. Additionally, it establishes that contracts for architectural, engineering, or land surveying services must adhere to a standard of care that reflects the professional skill ordinarily provided by competent practitioners in those fields.
Furthermore, the bill outlines that any provision in a contract that establishes a different standard of care is void and reinforces the requirement for professionals to perform their services with due diligence. It also allows governmental agencies to name themselves as additional insured parties under the insurance policies of engineers, architects, or land surveyors. The changes in law will apply only to contracts entered into on or after the effective date of the Act, which is set for September 1, 2025.
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 130, Local Government Code 271, Civil Practice and Remedies Code 1071)