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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1926 By: Martinez
AS INTRODUCED
An Act relating to design professional services
agreements; defining term; declaring certain
provisions void and unenforceable; stating
exceptions; stating applicability of act; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 221A of Title 15, unless there
is created a duplication in numbering, reads as follows:
A. For purposes of this section , "design professional services
agreement" means a contract, subcontract, or agreement by any person
or legal entity with an individual or legal entity possessing the
qualifications to provide licensed architectural, licensed
engineering, licensed land surveying services or other individuals
or legal entities possessing specialized credentials and
qualifications as may be needed to evaluate, plan or design for any
construction project for the improvement of real property.
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B. Except as provided in subsection C or D of this section, any
provision in a design professional services agreement that requires
an entity or that entity's insurer to indemnify, insure, defend or
hold harmless another entity against liability for damage arising
out of death or bodily injury to persons or damage to property which
arises out of the negligence or fault of the indemnitee, its a gents,
representatives, subcontractors, suppliers or an entity for whom an
indemnitor is not otherwise legally responsible is void and
unenforceable.
C. The provisions of this section do not affect any provision
in a design professional services agreement that requires an entity
or that entity's insurer to indemnify another entity against
liability for damage arising out of death or bodily injury to
persons or damage to property ; provided, that a lawful
indemnification shall not exceed an amount that is pr oportionate to
the degree or percentage of negligence or fault for which the
indemnitor and an entity for which the indemnitor is legally
responsible are adjudicated liable.
D. This section shall not affect any obligation under workers'
compensation or coverage or insurance specifically relating to
workers' compensation.
E. Any provision, covenant, clause or understanding in a design
professional services agreement that conflicts with the provisions
and intent of this section or attempts to circumvent thi s section by
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making the agreement subject to the laws of another state, or that
requires any litigation, arbitration or other dispute resolution
proceeding arising from the agreement to be conducted in another
state, is void and unenforceable.
SECTION 2. This act shall become effective November 1, 202 1.
58-1-5824 MAH 01/10/21