Design Professionals; declare certain provisions in contracts for services void and establish standard of care.
Impact
The enactment of HB 1073 is expected to significantly impact how contracts are structured for design professionals operating within Mississippi. By rendering certain legal obligations void, the legislation could lead to more standardized practices that align with the expected standards of care among professionals in these fields. The bill necessitates that attorneys representing parties that sue design professionals must ensure they have consulted with other professionals to validate the claims, thereby potentially reducing frivolous lawsuits and promoting more accountable legal actions.
Summary
House Bill 1073 is a legislative act in Mississippi that addresses certain provisions within contracts for professional services provided by design professionals, defined as those registered in fields such as architecture, engineering, surveying, or geology. The bill explicitly declares specific hold harmless clauses, indemnification agreements, and related contractual provisions unenforceable. The aim of this legislation is to reformulate the responsibilities and liabilities associated with professional services, thereby protecting design professionals from broader liabilities that may far exceed actual negligence on their part.
Contention
Nevertheless, the bill raises points of contention that might affect its reception. Some stakeholders may argue that the legislation favors design professionals to a degree that could limit the rights of clients or external parties seeking damages from negligent practices. Critics may fear that easing liability for design professionals might lead to a lack of accountability that could ultimately compromise service quality and client trust. Balancing the interests of various participants in the construction and engineering processes while maintaining due diligence is likely to be a critical discussion point as the bill advances.
Amending the act of July 9, 1970 (P.L.484, No.164), entitled "An act relating to indemnification agreements between architects, engineers or surveyors and owners, contractors, subcontractors or suppliers and indemnification agreements relating to snow removal or ice control services," providing for void and unenforceable provisions or terms in construction contracts; and making editorial changes.
Establishes minimum limitations standards for structural property damage claims, and voids any policy provision, endorsement, condition, limitation, agreement, or claim practice that shortens those standards.
AN ACT to amend Tennessee Code Annotated, Title 8; Title 33; Title 36; Title 49; Title 52; Title 56; Title 63 and Title 68, relative to professional counselors.
AN ACT to amend Tennessee Code Annotated, Title 8; Title 33; Title 36; Title 49; Title 52; Title 56; Title 63 and Title 68, relative to professional counselors.
Occupations: individual licensing and registration; licensure of professional guardians and conservators; require. Amends sec. 303a of 1980 PA 299 (MCL 339.303a) & adds art. 14A.