BILL NUMBER: AB 573	CHAPTERED  09/25/06

	CHAPTER  455
	FILED WITH SECRETARY OF STATE  SEPTEMBER 25, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2006
	PASSED THE ASSEMBLY  AUGUST 22, 2006
	PASSED THE SENATE  AUGUST 10, 2006
	AMENDED IN SENATE  JUNE 27, 2006
	AMENDED IN SENATE  JUNE 13, 2006
	AMENDED IN SENATE  JANUARY 5, 2006
	AMENDED IN ASSEMBLY  APRIL 28, 2005

INTRODUCED BY   Assembly Members Wolk and Jones
   (Coauthor: Assembly Member Parra)
   (Coauthor: Senator Morrow)

                        FEBRUARY 16, 2005

   An act to add Section 2782.8 to the Civil Code, relating to
indemnity.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 573, Wolk  Design professionals: indemnity.
   Existing law provides that agreements contained in or affecting
any construction contract that purport to indemnify the promisee
against liability for damages for death or bodily injury to persons,
injury to property, or any other loss, damage, or expense arising
from the sole negligence or willful misconduct of the promisee or the
promisee's agents, servants, or independent contractors who are
directly responsible to the promisee, or for defects in design
furnished by those persons, are against public policy and are void
and unenforceable, except as specified. Existing law also provides
that provisions, clauses, covenants, or agreements relating to
construction contracts with a public agency that purport to impose on
the contractor, or relieve the public agency from liability for the
active negligence of the public agency, are void and unenforceable.
   This bill would provide, for all contracts, and amendments
thereto, entered into on or after January 1, 2007, with a public
agency for design professional services, that all provisions,
clauses, covenants, and agreements contained in, collateral to, or
affecting any such contract, and amendments thereto, that purport to
indemnify, including the cost to defend, the public agency by a
design professional against liability for claims against the public
agency, are unenforceable, except for claims that arise out of or
relate to the negligence, recklessness, or willful misconduct of the
design professional.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2782.8 is added to the Civil Code, to read:
   2782.8.  (a) For all contracts, and amendments thereto, entered
into on or after January 1, 2007, with a public agency for design
professional services, all provisions, clauses, covenants, and
agreements contained in, collateral to, or affecting any such
contract, and amendments thereto, that purport to indemnify,
including the cost to defend, the public agency by a design
professional against liability for claims against the public agency,
are unenforceable, except for claims that arise out of, pertain to,
or relate to the negligence, recklessness, or willful misconduct of
the design professional. This section shall not be waived or modified
by contractual agreement, act, or omission of the parties.
Contractual provisions, clauses, covenants, or agreements not
expressly prohibited herein are reserved to the agreement of the
parties.
   (b) For purposes of this section, the following definitions apply:

   (1) "Public agency" includes any county, city, city and county,
district, school district, public authority, municipal corporation,
or other political subdivision, joint powers authority, or public
corporation in the state.  Public agency does not include the State
of California.
   (2) "Design professional" includes all of the following:
   (A) An individual licensed as an architect pursuant to Chapter 3
(commencing with Section 5500) of Division 3 of the Business and
Professions Code, and a business entity offering architectural
services in accordance with that chapter.
   (B) An individual licensed as a landscape architect pursuant to
Chapter 3.5 (commencing with Section 5615) of Division 3 of the
Business and Professions Code, and a business entity offering
landscape architectural services in accordance with that chapter.
   (C) An individual registered as a professional engineer pursuant
to Chapter 7 (commencing with Section 6700) of Division 3 of the
Business and Professions Code, and a business entity offering
professional engineering services in accordance with that chapter.
   (D) An individual licensed as a professional land surveyor
pursuant to Chapter 15 (commencing with Section 8700) of Division 3
of the Business and Professions Code, and a business entity offering
professional land surveying services in accordance with that chapter.

   (c) This section shall only apply to a professional service
contract, or any amendment thereto, entered into on or after January
1, 2007.