Bill > S05364

This bill prohibits broad indemnification agreements between design professionals (such as licensed architects, engineers, and related professional firms) and various government entities, including municipal corporations, state authorities, local authorities, and state agencies. Specifically, the bill voids any contract provisions that require design professionals to defend or fully indemnify these government entities for claims arising from public works projects, such as building construction, highway maintenance, or infrastructure development. However, the bill allows design professionals to be held responsible for claims directly caused by their own negligence, recklessness, or willful misconduct, and any indemnification would be limited to the percentage of fault attributable to the design professional. The provisions will apply to contracts executed on or after January 1, 2026, and aim to protect design professionals from being required to assume disproportionate liability for issues not directly resulting from their work. The bill amends three different sections of New York law: the general municipal law, the public authorities law, and the state finance law to achieve this goal.

Budget and Finance

https://www.nysenate.gov/legislation/bills/2025/S5364