New York S 5364: 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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S05364 Summary:

BILL NOS05364 

&nbsp

SAME ASSAME AS A06269

&nbsp

SPONSORCOMRIE

&nbsp

COSPNSRSKOUFIS

&nbsp

MLTSPNSR

&nbsp

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

&nbsp

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 the result of the negligence, recklessness, or willful misconduct of the design professional.

Go to top S05364 Actions:

BILL NOS05364 

&nbsp

02/20/2025REFERRED TO PROCUREMENT AND CONTRACTS

01/07/2026REFERRED TO PROCUREMENT AND CONTRACTS

Go to topS05364 Committee&nbspVotes:

Go to topS05364 Floor&nbspVotes:

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

Go to topS05364 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5364

 2025-2026 Regular Sessions

 IN SENATE

 February 20, 2025
 ___________

 Introduced by Sens. COMRIE, SKOUFIS -- 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-six between a municipal corporation, as defined in
 15 section sixty-six of the general construction law, and a design profes-
 16 sional for professional design services related to the design,
 17 construction, repair, or maintenance of any public building, structure,
 18 highway, bridge, viaduct, water or sewer system, or other public facili-
 19 ty that requires a design professional to defend or indemnify such
 20 municipal corporation, its agents, contractors, subcontractors or
 21 suppliers shall be deemed void and against public policy and wholly
 22 unenforceable, except as to claims that are caused by or the result of
 23 the negligence, recklessness, or willful misconduct of the design

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09154-01-5

 S. 5364 2

 1 professional. Any contractual obligation permitted under this section
 2 shall be limited and enforceable only to the degree or percentage or
 3 fault attributable to such design professional.
 4 § 2. The public authorities law is amended by adding a new section
 5 2879-d to read as follows:
 6 § 2879-d. Design professional liability. 1. As used in this section:
 7 a. The term "design professional" shall mean:
 8 (1) An individual licensed pursuant to articles one hundred forty-
 9 five, one hundred forty-seven, and one hundred forty-eight of the educa-
 10 tion law, or
 11 (2) Any corporation, limited liability company, partnership or other
 12 business entity legally authorized to practice any of the professions
 13 regulated by articles one hundred forty-five, one hundred forty-seven,
 14 and one hundred forty-eight of the education law.
 15 b. The term "state authority" shall mean a public authority or public
 16 benefit corporation created by or existing under this chapter or any
 17 other law of the state of New York, with one or more of its members
 18 appointed by the governor or who serve as members by virtue of holding a
 19 civil office of the state, other than an interstate or international
 20 authority or public benefit corporation, i