Bill > A07379

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 businesses practicing architecture, engineering, or land surveying) when working on public projects. Specifically, the bill prohibits broad indemnification clauses in contracts between design professionals and government agencies that would require the design professional to defend or compensate the agency for all damages. Under the new provisions, design professionals can only be required to indemnify or defend against damages that are directly caused by their own negligence, recklessness, or willful misconduct, and only to the extent of their percentage of fault. The bill applies to contracts signed on or after January 1, 2025, and covers professional services related to design, construction, inspection, monitoring, repair, or maintenance of public facilities like buildings, highways, bridges, and utility systems. Importantly, the bill does not affect the design professional's obligation to defend or indemnify claims covered by their commercial general liability or automobile insurance, and it explicitly does not alter existing labor law protections. The purpose of the bill appears to be protecting design professionals from overly broad contractual liability while still holding them accountable for their own direct negligence.

Government Affairs

https://www.nysenate.gov/legislation/bills/2025/A7379