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 new definitions, including "land surveyor," and expands the scope of indemnification clauses to include land surveyors alongside registered architects and licensed engineers. It specifies that any covenant or promise requiring a contractor to indemnify these professionals for damages resulting from their negligence or defects in plans is void and unenforceable. Additionally, the bill allows for the reimbursement of reasonable attorney's fees in proportion to the liability of the land surveyor, architect, or engineer.
The legislation also establishes a standard of care for architectural, engineering, and land surveying services, mandating that these services be performed with the professional skill and care typically provided by competent professionals in similar circumstances. It prohibits contracts from containing provisions that establish a different standard of care. Furthermore, the bill clarifies that it applies only to contracts entered into on or after its effective date of September 1, 2025, ensuring that existing contracts are governed by the law in effect prior to this amendment.
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)
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 130, Local Government Code 271, Civil Practice and Remedies Code 1071)
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 130, Local Government Code 271, Civil Practice and Remedies Code 1071)
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 130, Local Government Code 271, Civil Practice and Remedies Code 1071)