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California Civil Code Section 2782.8

Legal Research Home > California Laws > Civil Code > California Civil Code Section 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 duty and 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. The duty to indemnify,
including the duty and the cost to defend, is limited as provided in
this section. 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) All contracts and all solicitation documents, including
requests for proposal, invitations for bid, and other solicitation
documents, between a public agency and a design professional, are
deemed to incorporate by reference the provisions of this section.
   (c) 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.
   (d) This section shall only apply to a professional service
contract, or any amendment thereto, entered into on or after January
1, 2007.
   (e) The amendments made to this section by the act adding this
subdivision shall apply to services offered pursuant to a design
professional contract, or any amendment thereto, entered into on or
after January 1, 2011.
   (f) Nothing in this section shall abrogate the provisions of
Section 1104 of the Public Contract Code.

Last modified: February 13, 2012