(1) As used in this section: (a) "Design professional" means: (i) an individual licensed under: (A)Title 58, Chapter 3a, Architects Licensing Act; (B)Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; or (C)Title 58, Chapter 53, Landscape Architects Licensing Act; or (ii) a nongovernmental entity engaged in the business of providing services that require a license described in Subsection (1)(a)(i). (b) "Design professional services" means: (i) professional services within the scope of the practice of architecture as defined in Section 58-3a-102; (ii) professional engineering or professional land surveying as defined in Section 58-22-102; or (iii) professional services within the scope of the practice of landscape architecture as defined in Section 58-53-102. (c) (i) "Design professional services contract" means a contract under which a design professional agrees to provide design professional services: (A) to a governmental entity; or (B) for an improvement owned or to be owned by a governmental entity. (ii) "Design professional services contract" does not include a construction contract, as defined in Section 13-8-1. (d) "Indemnification provision" means a covenant, promise, agreement, or understanding in, in connection with, or collateral to, a design professional services contract that requires the design professional to: (i) indemnify or hold harmless any person from or against liability for damages other than liability for damages to the extent caused by or resulting from: (A) the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or (B) the design professional's subconsultant's negligence; (ii) defend any person from or against a claim alleging liability for damages, including a claim alleging: (A) the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or (B) the design professional's subconsultant's negligence; or (iii) reimburse any person for attorney fees or other costs incurred by the person in defending against a claim alleging liability for damages, except to the extent the attorney fees or costs were incurred due to: (A) the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or (B) the design professional's subconsultant's negligence. (e) "Governmental entity" means the same as that term is defined in Section 63G-7-102. (f) "Improvement" means the same as that term is defined in Section 78B-2-225. (g) "Subconsultant" means a person with whom a design professional contracts to provide a service related to or part of the design professional services that the design professional agrees to perform under a design professional services contract.

(a) "Design professional" means: (i) an individual licensed under: (A)Title 58, Chapter 3a, Architects Licensing Act; (B)Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; or (C)Title 58, Chapter 53, Landscape Architects Licensing Act; or (ii) a nongovernmental entity engaged in the business of providing services that require a license described in Subsection (1)(a)(i).

(i) an individual licensed under: (A)Title 58, Chapter 3a, Architects Licensing Act; (B)Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; or (C)Title 58, Chapter 53, Landscape Architects Licensing Act; or

(A)Title 58, Chapter 3a, Architects Licensing Act;

(B)Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; or

(C)Title 58, Chapter 53, Landscape Architects Licensing Act; or

(ii) a nongovernmental entity engaged in the business of providing services that require a license described in Subsection (1)(a)(i).

(b) "Design professional services" means: (i) professional services within the scope of the practice of architecture as defined in Section 58-3a-102; (ii) professional engineering or professional land surveying as defined in Section 58-22-102; or (iii) professional services within the scope of the practice of landscape architecture as defined in Section 58-53-102.

(i) professional services within the scope of the practice of architecture as defined in Section 58-3a-102;

(ii) professional engineering or professional land surveying as defined in Section 58-22-102; or

(iii) professional services within the scope of the practice of landscape architecture as defined in Section 58-53-102.

(c) (i) "Design professional services contract" means a contract under which a design professional agrees to provide design professional services: (A) to a governmental entity; or (B) for an improvement owned or to be owned by a governmental entity. (ii) "Design professional services contract" does not include a construction contract, as defined in Section 13-8-1.

(i) "Design professional services contract" means a contract under which a design professional agrees to provide design professional services: (A) to a governmental entity; or (B) for an improvement owned or to be owned by a governmental entity.

(A) to a governmental entity; or

(B) for an improvement owned or to be owned by a governmental entity.

(ii) "Design professional services contract" does not include a construction contract, as defined in Section 13-8-1.

(d) "Indemnification provision" means a covenant, promise, agreement, or understanding in, in connection with, or collateral to, a design professional services contract that requires the design professional to: (i) indemnify or hold harmless any person from or against liability for damages other than liability for damages to the extent caused by or resulting from: (A) the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or (B) the design professional's subconsultant's negligence; (ii) defend any person from or against a claim alleging liability for damages, including a claim alleging: (A) the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or (B) the design professional's subconsultant's negligence; or (iii) reimburse any person for attorney fees or other costs incurred by the person in defending against a claim alleging liability for damages, except to the extent the attorney fees or costs were incurred due to: (A) the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or (B) the design professional's subconsultant's negligence.

(i) indemnify or hold harmless any person from or against liability for damages other than liability for damages to the extent caused by or resulting from: (A) the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or (B) the design professional's subconsultant's negligence;

(A) the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or

(B) the design professional's subconsultant's negligence;

(ii) defend any person from or against a claim alleging liability for damages, including a claim alleging: (A) the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or (B) the design professional's subconsultant's negligence; or

(A) the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or

(B) the design professional's subconsultant's negligence; or

(iii) reimburse any person for attorney fees or other costs incurred by the person in defending against a claim alleging liability for damages, except to the extent the attorney fees or costs were incurred due to: (A) the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or (B) the design professional's subconsultant's negligence.

(A) the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or

(B) the design professional's subconsultant's negligence.

(e) "Governmental entity" means the same as that term is defined in Section 63G-7-102.

(f) "Improvement" means the same as that term is defined in Section 78B-2-225.

(g) "Subconsultant" means a person with whom a design professional contracts to provide a service related to or part of the design professional services that the design professional agrees to perform under a design professional services contract.

(2) An indemnification provision is void.

(3) (a) A design professional shall perform design professional services under a design professional services contract consistent with the professional skill and care ordinarily provided by other design professionals: (i) with the same or similar professional license; and (ii) providing the same or similar design professional service: (A) in the same or similar locality; (B) at the same or similar time; and (C) under the same or similar circumstances. (b) (i) Except as provided in Subsection (3)(b)(ii), a design professional services contract may not establish a standard of care different from the standard of care described in Subsection (3)(a). (ii) A design professional services contract may require a design professional to perform design professional services consistent with a specialized design expertise if the nature of the project that is the subject of the design professional services contract reasonably requires the specialized design expertise. (c) A provision in a design professional services contract that purports to waive or conflicts with a provision of Subsection (3)(b) is void.

(a) A design professional shall perform design professional services under a design professional services contract consistent with the professional skill and care ordinarily provided by other design professionals: (i) with the same or similar professional license; and (ii) providing the same or similar design professional service: (A) in the same or similar locality; (B) at the same or similar time; and (C) under the same or similar circumstances.

(i) with the same or similar professional license; and

(ii) providing the same or similar design professional service: (A) in the same or similar locality; (B) at the same or similar time; and (C) under the same or similar circumstances.

(A) in the same or similar locality;

(B) at the same or similar time; and

(C) under the same or similar circumstances.

(b) (i) Except as provided in Subsection (3)(b)(ii), a design professional services contract may not establish a standard of care different from the standard of care described in Subsection (3)(a). (ii) A design professional services contract may require a design professional to perform design professional services consistent with a specialized design expertise if the nature of the project that is the subject of the design professional services contract reasonably requires the specialized design expertise.

(i) Except as provided in Subsection (3)(b)(ii), a design professional services contract may not establish a standard of care different from the standard of care described in Subsection (3)(a).

(ii) A design professional services contract may require a design professional to perform design professional services consistent with a specialized design expertise if the nature of the project that is the subject of the design professional services contract reasonably requires the specialized design expertise.

(c) A provision in a design professional services contract that purports to waive or conflicts with a provision of Subsection (3)(b) is void.

(4) The provisions of this section apply to a design professional services contract executed on or after May 8, 2018.