Bill > A06269

This bill amends the general municipal law, public authorities law, and state finance law to limit the liability of design professionals (defined as licensed individuals or authorized businesses practicing in architecture, engineering, or land surveying) when contracting with state or local government agencies. Specifically, the bill prohibits broad indemnification clauses that require design professionals to defend or compensate government agencies for all claims related to public works projects. Under the new provisions, such contractual provisions will be considered void and unenforceable, except for claims directly resulting from the design professional's own negligence, recklessness, or willful misconduct. The bill ensures that any contractual obligation can only be enforced to the extent of the design professional's actual fault, effectively protecting these professionals from being held responsible for damages they did not cause. The changes will apply to contracts executed on or after January 1, 2026, and cover a wide range of public infrastructure projects including buildings, highways, bridges, water and sewer systems, and other public facilities. By limiting overly broad indemnification requirements, the bill aims to create a more fair and balanced approach to risk allocation in public works contracts.

Government Affairs

https://www.nysenate.gov/legislation/bills/2025/A6269