{"data":{"id":"us-ut/utah-code-13-8-7","jurisdiction":"us-ut","citation":"Utah Code § 13-8-7","heading":"Contract for design professional services -- Agreements to indemnify.","body":"(1) As used in this section:\n(a) \"Design professional\" means:\n(i) an individual licensed under:\n(A) Title 58, Chapter 3a, Architects Licensing Act;\n(B) Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; or\n(C) Title 58, Chapter 53, Landscape Architects Licensing Act; or\n(ii) a nongovernmental entity engaged in the business of providing services that require a license described in Subsection (1)(a)(i).\n(b) \"Design professional services\" means:\n(i) professional services within the scope of the practice of architecture as defined in Section 58-3a-102;\n(ii) professional engineering or professional land surveying as defined in Section 58-22-102; or\n(iii) professional services within the scope of the practice of landscape architecture as defined in Section 58-53-102.\n(c)\n(i) \"Design professional services contract\" means a contract under which a design professional agrees to provide design professional services:\n(A) to a governmental entity; or\n(B) for an improvement owned or to be owned by a governmental entity.\n(ii) \"Design professional services contract\" does not include a construction contract, as defined in Section 13-8-1.\n(d) \"Indemnification provision\" means a covenant, promise, agreement, or understanding in, in connection with, or collateral to, a design professional services contract that requires the design professional to:\n(i) indemnify or hold harmless any person from or against liability for damages other than liability for damages to the extent caused by or resulting from:\n(A) the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or\n(B) the design professional's subconsultant's negligence;\n(ii) defend any person from or against a claim alleging liability for damages, including a claim alleging:\n(A) the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or\n(B) the design professional's subconsultant's negligence; or\n(iii) reimburse any person for attorney fees or other costs incurred by the person in defending against a claim alleging liability for damages, except to the extent the attorney fees or costs were incurred due to:\n(A) the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or\n(B) the design professional's subconsultant's negligence.\n(e) \"Governmental entity\" means the same as that term is defined in Section 63G-7-102.\n(f) \"Improvement\" means the same as that term is defined in Section 78B-2-225.\n(g) \"Subconsultant\" means a person with whom a design professional contracts to provide a service related to or part of the design professional services that the design professional agrees to perform under a design professional services contract.\n(2) An indemnification provision is void.\n(3)\n(a) A design professional shall perform design professional services under a design professional services contract consistent with the professional skill and care ordinarily provided by other design professionals:\n(i) with the same or similar professional license; and\n(ii) providing the same or similar design professional service:\n(A) in the same or similar locality;\n(B) at the same or similar time; and\n(C) under the same or similar circumstances.\n(b)\n(i) Except as provided in Subsection (3)(b)(ii), a design professional services contract may not establish a standard of care different from the standard of care described in Subsection (3)(a).\n(ii) A design professional services contract may require a design professional to perform design professional services consistent with a specialized design expertise if the nature of the project that is the subject of the design professional services contract reasonably requires the specialized design expertise.\n(c) A provision in a design professional services contract that purports to waive or conflicts with a provision of Subsection (3)(b) is void.\n(4) The provisions of this section apply to a design professional services contract executed on or after May 8, 2018.","path":["Title 13 Commerce and Trade","Chapter 13-8 Unenforceable Agreements"],"source_url":"https://le.utah.gov/xcode/Title13/Chapter8/13-8-S7.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"b145fc9cfc39c85d48cc4ded6597e9951c7485cd218d38d45fcdc1f14a3dcddf","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-13-8-6","next":"us-ut/utah-code-13-9-1"},"notice":"GroundRules: Original legal text. Not legal advice."}