Anthony Cannella
- Republican
Author
Existing law provides, for all contracts, and amendments to contracts, entered into on or after January 1, 2007, with a public agency, as defined, for design professional services, all provisions, clauses, covenants, and agreements contained in, collateral to, or affecting these contracts, that purport to indemnify, including 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. Existing law provides, with respect to contracts and amendments to contracts entered into on or after January 1, 2011, with a public agency, as defined, for design professional services, that all provisions, clauses, covenants, and agreements contained in, collateral to, or affecting these contracts or amendments to contracts that purport to require the design professional to defend the public agency under an indemnity agreement, including the duty and the cost to defend, are unenforceable, except for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. Existing law provides that all contracts and all solicitation documents between a public agency and a design professional are deemed to incorporate these provisions by reference. This bill would instead make these provisions applicable to all contracts for design professional services entered into on or after January 1, 2018. The bill would prohibit the cost to defend charged to the design professional from exceeding the design professional's proportionate percentage of fault, except that in the event that one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the bill would require the design professional to meet and confer with other parties regarding unpaid defense costs. The bill would also provide for certain exemptions to these provisions.
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Chaptered by Secretary of State. Chapter 8, Statutes of 2017.
Approved by the Governor.
Enrolled and presented to the Governor at 9:45 a.m.
Read third time. Passed. Ordered to the Senate.
In Senate. Ordered to engrossing and enrolling.
Assembly Rule 63 suspended. (Ayes 53. Noes 22. Page 1118.)
Read second time. Ordered to third reading.
In Assembly. Read first time. Held at Desk.
Joint Rule 62(a) suspended. (Ayes 33. Noes 6. Page 664.)
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).
From committee: Do pass. (Ayes 6. Noes 1. Page 709.) (April 17).
Ordered to third reading.
Read third time. Passed. (Ayes 34. Noes 2. Page 707.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Published April 6 at 4 a.m.
Ordered to second reading.
Read third time and amended.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 9. Noes 0. Page 488.) (March 27).
Set for hearing March 27.
From printer. May be acted upon on or after March 19.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB496 | HTML |
| 02/16/17 - Introduced | |
| 04/05/17 - Amended Senate | |
| 04/25/17 - Enrolled | |
| 04/28/17 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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