AN ACT TO PROTECT THE INTERESTS OF DESIGNERS, PARTICULARLY SMALL AND WMBE ENTITIES, FROM UNFAIR CONTRACTING AND DUTY TO DEFEND
REQUIREMENTS THAT VIOLATE THE EXISTING PUBLIC POLICY OF NORTH CAROLINA.
Senate committee substitute to the 1st edition deletes the proposed changes to GS 22B-1, concerning the invalidity of construction indemnity agreements, and instead provides the following. Amends GS 22B-1 to render contracts for engineering, architectural, landscape architectural, or surveying services void and unenforceable if the parties require that one party will indemnify or hold harmless the other party, or its agents, against liability claims for damages, losses, or expenses. Allows indemnification agreements only for damages resulting from the negligence, recklessness, or intentionally wrongful conduct of the promisor. Modifies the statutory reference regarding promises or agreements under which a public utility is an indemnitee to more specifically refer to subdivision a. of GS 62-3(23), defining public utility. Makes clarifying and conforming changes. Maintains the act's effective date provisions.
Changes the act's long and short titles.
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