(1) As used in this section: (a) "Agreement" means a contract, promise, covenant, or understanding. (b) "Contractor" means any person engaged by an owner to develop or assist in the development of the owner's land. (c) "Design professional" means an architect, engineer, or land surveyor. It includes any other person who, for a fee or other compensation, performs services similar to the services of an architect, engineer, or land surveyor in connection with the development of land. (d) "Development" means the construction, alteration, repair, maintenance, or improvement of land, including any related moving, demolition, or excavation. (e) "Land" means any real property, including any building, fixture, improvement, appurtenance, structure, road, highway, or other development. (f) "Liability" includes liability arising by contract, indemnity, contribution, tort, or otherwise. (g) "Owner" means the holder of any legal or equitable title or interest in property. (h) "Subcontractor" means any person engaged by a contractor to develop or assist in the development of land.
(a) "Agreement" means a contract, promise, covenant, or understanding.
(b) "Contractor" means any person engaged by an owner to develop or assist in the development of the owner's land.
(c) "Design professional" means an architect, engineer, or land surveyor. It includes any other person who, for a fee or other compensation, performs services similar to the services of an architect, engineer, or land surveyor in connection with the development of land.
(d) "Development" means the construction, alteration, repair, maintenance, or improvement of land, including any related moving, demolition, or excavation.
(e) "Land" means any real property, including any building, fixture, improvement, appurtenance, structure, road, highway, or other development.
(f) "Liability" includes liability arising by contract, indemnity, contribution, tort, or otherwise.
(g) "Owner" means the holder of any legal or equitable title or interest in property.
(h) "Subcontractor" means any person engaged by a contractor to develop or assist in the development of land.
(2) An agreement between an owner and a contractor may not limit the owner's or a design professional's liability to the contractor for any claim arising from services performed by the design professional in connection with the development of land. This subsection does not apply if the owner and the contractor are the same person or entity or are controlled by the same person or entity.
(3) An agreement between a contractor and a subcontractor may not limit the owner's or a design professional's liability to the subcontractor for any claim arising from services performed by the design professional in connection with the development of land.
(4) This section does not apply if the design professional is retained under a single contract to perform both the design and the construction of the project, such as in a design-build or turn-key project.
(5) This section may not be construed to affect any limitation of a design professional's liability to an owner or other design professional that may exist in an agreement between the owner and the design professional or between design professionals.
(6) This section does not affect or impair the obligations of agreements in existence as of May 1, 1988.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.