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03/16/2018

ACEC Ohio Indemnification Bill Introduced

Sponsored by Representative Bill Seitz

Over the past year, ACEC Ohio has worked with Representative Bill Seitz on a piece of legislation which would regulate the use of indemnity provisions in contracts related to public improvements. Many of our member firms have been confronted with having to sign a contract with a state or local agency that included uninsurable “broad form” indemnification and/or defense requirements.

As a matter of fairness, design professionals should not be asked to indemnify and/or defend another party for losses that the designer did not cause, cannot insure against and were caused by factors beyond the designer’s control. House Bill 554 will prohibit requiring design professionals to indemnify public agencies for claims that are not attributable to negligent, reckless or intentional wrongful conduct on the part of the design professional.

The bill was introduced yesterday in the Ohio House of Representatives and will be assigned to a committee soon. ACEC Ohio hopes to have a hearing on the bill before the General Assembly recesses for the May primary election.   Click here to read House Bill 554

HB 554 screenshot

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