Texas Senate Bill SB771

Texas 2019 - 86th Regular

Caption

Relating to certain agreements by architects an engineers in or in connection with certain construction contracts.

Impact

The impact of SB771 is twofold. Firstly, it provides architects and engineers with greater protection against unwarranted liability claims that could arise from the construction projects they work on. By effectively nullifying broad indemnification requirements in construction contracts, the bill promotes fair responsibility practices within the industry and aligns liability expectations with the actual circumstances of construction work. Secondly, the legislation marks a significant shift in how liability for negligence is managed in construction contexts, which could lead to more cautious contracting practices among property owners and project managers.

Summary

SB771 introduces significant amendments to the liability provisions related to construction contracts involving architects and engineers in Texas. The newly amended Chapter 130 of the Civil Practice and Remedies Code specifically invalidates certain covenants or promises that require architects or engineers to defend, indemnify, or hold harmless property owners from damages caused by the owners' negligence or that of their agents or employees. This change aims to protect professionals in the field of architecture and engineering from liability in situations where they were not at fault, thereby reshaping their responsibilities under construction contracts.

Contention

However, this bill has faced criticism from some industry stakeholders who argue that the amendments may loosen accountability measures within construction projects. Concerns have been raised that reducing the liabilities for architects and engineers could lead to less stringent compliance with safety and quality standards, ultimately posing risks to the integrity of the construction industry and the safety of end users. The tension between protecting professionals and ensuring accountability highlights the ongoing debate around liability in construction and professional ethics in engineering and architecture.