(a) Nothing contained in subdivision (a) of Section 2782 prevents an agreement to indemnify a professional engineer against liability for the negligence of the engineer, or the engineer’s agents or employees, in providing inspection services to plants or other facilities if all the following criteria are satisfied:
(1) The promisor is the owner of the plants or facilities inspected.
(2) The promisor is audited annually by an independent certified public accountant, public accountant, or accounting licentiate of another state authorized by the laws of that state to perform the audit.
(3) The net worth of the promisor exceeds ten million dollars ($10,000,000), as determined by the promisor’s most recent annual independent audit. The requirement of this paragraph shall be satisfied at the time the contract for indemnification is entered, and a subsequent reduction of the promisor’s net worth shall not void the obligation to indemnify.
(4) The promisor is self-insured with respect to liability arising from ownership of the plant or facility.
(5) The indemnification shall not be applicable to the first two hundred fifty thousand dollars ($250,000) of liability.
(b) Subdivision (a) does not authorize contracts for indemnification of liability arising from willful misconduct.
(Added by Stats. 1985, Ch. 567, Sec. 2.)
Last modified: October 8, 2018