Design Professionals; declare certain provisions in contracts for services void and establish standard of care.
The effect of HB 993 is significant on state laws governing contracts for professional services. By rendering indemnification clauses void, the bill not only cools potential litigation risks faced by design professionals but also alters the balance of liability in contractual agreements. This is expected to provide a more predictable and manageable legal framework for design professionals working in Mississippi. Additionally, it could lead to lower insurance costs as professionals may no longer need to cover exorbitant indemnification clauses or liabilities caused by third parties, thus enhancing their operational capacities in the state.
House Bill 993 aims to amend existing contract law related to design professionals, which includes architects, engineers, surveyors, and geologists in Mississippi. The bill specifically seeks to declare certain hold harmless clauses and provisions relating to indemnification as void and unenforceable, thereby changing the contractual landscape for these professionals. By defining the term 'design professional' and establishing standards for their professional liability, this bill intends to protect design professionals from excessive liability and broaden their legal protections when offering services. Notably, it requires attorneys representing parties suing design professionals to certify their claims through consulting another design professional, which is intended to prevent frivolous lawsuits.
One of the major points of contention surrounding HB 993 is the implications it holds for accountability in the design professions. Critics argue that by limiting liability and making it more difficult for clients to hold design professionals responsible for negligence or malpractice, the bill could undermine the quality of professional services. Supporters, however, contend that the bill is crucial for ensuring that design professionals are not burdened with unfair liabilities that can deter them from providing essential services. The legislative discussions have indicated varying opinions on the adequacy of the current protections afforded to consumers against potential negligence by design professionals.