New York S 4591: Prohibits broad indemnification by a design professional of a state or local agency or political subdivision involving public work for contracts

Bill Text

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S04591 Summary:

BILL NOS04591 

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SAME ASSAME AS A07379

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SPONSORCOONEY

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COSPNSRCOMRIE, PARKER, SKOUFIS

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MLTSPNSR

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Add §103-h, Gen Muni L; add §2879-d, Pub Auth L; amd §136-a, St Fin L

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Prohibits broad indemnification by a design professional of a state or local agency or political subdivision involving public work for contracts except to the extent that damages were caused by or are the proximate result of the negligence, recklessness, or willful misconduct of the design professional.

Go to top S04591 Actions:

BILL NOS04591 

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02/10/2025REFERRED TO PROCUREMENT AND CONTRACTS

05/28/2025REPORTED AND COMMITTED TO FINANCE

01/07/2026REFERRED TO PROCUREMENT AND CONTRACTS

05/18/2026REPORTED AND COMMITTED TO FINANCE

Go to topS04591 Committee&nbspVotes:

Go to topS04591 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04591 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4591

 2025-2026 Regular Sessions

 IN SENATE

 February 10, 2025
 ___________

 Introduced by Sen. COONEY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Procurement and Contracts

 AN ACT to amend the general municipal law, the public authorities law
 and the state finance law, in relation to liability of design profes-
 sionals

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The general municipal law is amended by adding a new
 2 section 103-h to read as follows:
 3 § 103-h. Design professional liability. 1. For purposes of this
 4 section, the term "design professional" shall mean:
 5 a. An individual licensed pursuant to articles one hundred forty-five,
 6 one hundred forty-seven, and one hundred forty-eight of the education
 7 law; or
 8 b. Any corporation, limited liability company, partnership or other
 9 business entity legally authorized to practice any of the professions
 10 regulated by articles one hundred forty-five, one hundred forty-seven,
 11 and one hundred forty-eight of the education law.
 12 2. Any provision, clause, covenant, or agreement contained in, collat-
 13 eral to, or affecting a contract executed on or after January first, two
 14 thousand twenty-five between a municipal corporation, as defined in
 15 section sixty-six of the general construction law, and a design profes-
 16 sional for professional services related to the design, construction,
 17 inspection, monitoring, repair, or maintenance of any public building,
 18 structure, highway, bridge, viaduct, water or sewer system, or other
 19 public facility that requires a design professional to defend or indem-
 20 nify such municipal corporation, its agents, contractors, subcontractors
 21 or suppliers shall be deemed void and against public policy and wholly
 22 unenforceable, except as to damages that are caused by or are the proxi-
 23 mate result of the negligence, recklessness, or willful misconduct of
 24 the design professional. Any contractual obligation permitted under this

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08792-01-5

 S. 4591 2

 1 section shall be limited and enforceable only to the degree or percent-
 2 age of fault attributable to such design professional. Nothing in this
 3 section shall void or render unenforceable any provision, clause, coven-
 4 ant or agreement that requires a design professional to defend or indem-
 5 nify a municipal corporation for non-professional liability claims or
 6 damages to the extent covered by the design professional's commercial
 7 general liability insurance or automobile liability insurance.
 8 3. Notwithstanding any provision of law to the contrary, this section
 9 shall not be construed to affect or alter section two hundred forty or
 10 two hundred forty-one of the labor law.
 11 § 2. The public authorities law is amended by adding a new section
 12 2879-d to read as follows:
 13 § 2879-d. Design professional liability. 1. As used in this section:
 14 a. The term "design professional" shall mean:
 15 (1) An individual licensed pursuant to articles one hundred forty-
 16 five, one hundred forty-seven, and one hundred forty-eigh