Message from Beth -- May 19, 2021
We are pleased to share that ACEC Ohio is one step closer in our efforts to regulate the use of indemnity provisions in contracts related to public improvements. Senate Bill 56 passed the Ohio Senate unanimously today!
Senator Bill Blessing introduced Senate Bill 56 at the beginning of the year, he is an engineer and has supported our efforts as our sponsor for the last two General Assemblies. The bill addresses the basic principle of fairness. 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. Senate Bill 56 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 will move to the Ohio House for hearings. If you would like more information on the bill, please click here We encourage you to share this information with your State Representatives and ask for their support.
If you should need any further information, please feel free to contact me.