{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/11-4.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/11-4.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/11-4.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/11-4.4.html"}],"law_id":77848,"edition_id":1,"section_id":77848,"structure_id":14846,"section_number":"11-4.4","catch_line":"Certain indemnification and duty to defend provisions in contracts with design professionals declared void","history":"1995, c. 341; 2001, c. 670; 2020, c. 1015.","full_text":"Any provision contained in any contract relating to the planning or design of a building, structure or appurtenance thereto, including moving, demolition or excavation connected therewith, or any provision contained in any contract relating to the planning or design of construction projects other than buildings by which the architect or professional engineer performing such work purports to indemnify or hold harmless another party to the contract against liability for damage arising out of bodily injury to persons or damage to property suffered in the course of the performance of the contract, caused by or resulting solely from the negligence of such other party, his agents or employees, is against public policy and is void and unenforceable.\n\t\tThis section shall apply to such contracts between an architect or professional engineer and any public body as defined in \u00a7 2.2-4301. Every provision contained in a contract between an architect or professional engineer and a public body relating to the planning or design of a building, structure or appurtenance thereto, including moving, demolition or excavation connected therewith, or relating to the planning or design of construction projects other than buildings by which the architect or professional engineer performing such work purports to indemnify or hold harmless the public body against liability is against public policy and is void and unenforceable. This section shall not be construed to alter or affect any provision in such a contract that purports to indemnify or hold harmless the public body against liability for damage arising out of the negligent acts, errors or omissions, recklessness or intentionally wrongful conduct of the architect or professional engineer in performance of the contract.\n\t\tAny provision contained in any contract relating to the planning or design of a building, structure, or appurtenance thereto, including moving, demolition, or excavation connected therewith, or any provision contained in any contract relating to the planning or design of construction projects by which any party purports to impose a duty to defend on any other party to the contract, is against public policy and is void and unenforceable.\n\t\tThis section shall not affect the validity of any insurance contract, workers’ compensation, or any agreement issued by an admitted insurer.","order_by":null,"text":{"0":{"id":279203,"text":"Any provision contained in any contract relating to the planning or design of a building, structure or appurtenance thereto, including moving, demolition or excavation connected therewith, or any provision contained in any contract relating to the planning or design of construction projects other than buildings by which the architect or professional engineer performing such work purports to indemnify or hold harmless another party to the contract against liability for damage arising out of bodily injury to persons or damage to property suffered in the course of the performance of the contract, caused by or resulting solely from the negligence of such other party, his agents or employees, is against public policy and is void and unenforceable.\n\t\tThis section shall apply to such contracts between an architect or professional engineer and any public body as defined in \u00a7 2.2-4301. Every provision contained in a contract between an architect or professional engineer and a public body relating to the planning or design of a building, structure or appurtenance thereto, including moving, demolition or excavation connected therewith, or relating to the planning or design of construction projects other than buildings by which the architect or professional engineer performing such work purports to indemnify or hold harmless the public body against liability is against public policy and is void and unenforceable. This section shall not be construed to alter or affect any provision in such a contract that purports to indemnify or hold harmless the public body against liability for damage arising out of the negligent acts, errors or omissions, recklessness or intentionally wrongful conduct of the architect or professional engineer in performance of the contract.\n\t\tAny provision contained in any contract relating to the planning or design of a building, structure, or appurtenance thereto, including moving, demolition, or excavation connected therewith, or any provision contained in any contract relating to the planning or design of construction projects by which any party purports to impose a duty to defend on any other party to the contract, is against public policy and is void and unenforceable.\n\t\tThis section shall not affect the validity of any insurance contract, workers’ compensation, or any agreement issued by an admitted insurer.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14846,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":13773,"metadata":{},"date_created":"2026-06-26 03:50:21","date_modified":"2026-06-26 03:50:21","permalink":{"id":147111,"object_type":"structure","relational_id":14846,"identifier":"1","token":"11\/1","url":"\/11\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13773,"edition_id":1,"name":"Contracts","identifier":"11","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:45:51","date_modified":"2026-06-26 03:45:51","permalink":{"id":147109,"object_type":"structure","relational_id":13773,"identifier":"11","token":"11","url":"\/11\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69745,"structure_id":14846,"section_number":"11-1","catch_line":"Certain contracts void as to creditors and purchasers unless in writing; law governing validity of contracts creating security interests","url":"\/11-1\/","token":"11\/1\/11-1","metadata":false},{"id":70794,"structure_id":14846,"section_number":"11-2","catch_line":"When written evidence required to maintain action","url":"\/11-2\/","token":"11\/1\/11-2","metadata":false},{"id":85090,"structure_id":14846,"section_number":"11-2.01","catch_line":"Promise after bankruptcy must be in writing","url":"\/11-2.01\/","token":"11\/1\/11-2.01","metadata":false},{"id":86848,"structure_id":14846,"section_number":"11-2.1","catch_line":"Goods sent by mail","url":"\/11-2.1\/","token":"11\/1\/11-2.1","metadata":false},{"id":59493,"structure_id":14846,"section_number":"11-2.2","catch_line":"Unsolicited goods deemed gift to recipient","url":"\/11-2.2\/","token":"11\/1\/11-2.2","metadata":false},{"id":80629,"structure_id":14846,"section_number":"11-2.3","catch_line":"Repealed","url":"\/11-2.3\/","token":"11\/1\/11-2.3","metadata":false},{"id":83058,"structure_id":14846,"section_number":"11-2.4","catch_line":"Notice of possible filing of mechanics' lien required","url":"\/11-2.4\/","token":"11\/1\/11-2.4","metadata":false},{"id":62820,"structure_id":14846,"section_number":"11-3","catch_line":"Sealed writings; writings not purporting to be sealed","url":"\/11-3\/","token":"11\/1\/11-3","metadata":false},{"id":56755,"structure_id":14846,"section_number":"11-4","catch_line":"Sizes of type in printed contracts","url":"\/11-4\/","token":"11\/1\/11-4","metadata":false},{"id":66161,"structure_id":14846,"section_number":"11-4.1","catch_line":"Certain indemnification provisions in construction contracts declared void","url":"\/11-4.1\/","token":"11\/1\/11-4.1","metadata":false},{"id":71739,"structure_id":14846,"section_number":"11-4.1:1","catch_line":"Waiver of payment bond claims and contract claims; construction contracts","url":"\/11-4.1_1\/","token":"11\/1\/11-4.1_1","metadata":false},{"id":66462,"structure_id":14846,"section_number":"11-4.2","catch_line":"Repealed","url":"\/11-4.2\/","token":"11\/1\/11-4.2","metadata":false},{"id":65407,"structure_id":14846,"section_number":"11-4.3","catch_line":"When acceleration of payment or repossession of consumer goods not allowed","url":"\/11-4.3\/","token":"11\/1\/11-4.3","metadata":false},{"id":77848,"structure_id":14846,"section_number":"11-4.4","catch_line":"Certain indemnification and duty to defend provisions in contracts with design professionals declared void","url":"\/11-4.4\/","token":"11\/1\/11-4.4","metadata":false},{"id":58817,"structure_id":14846,"section_number":"11-4.5","catch_line":"Certain indemnification provisions in motor carrier transportation contracts declared void","url":"\/11-4.5\/","token":"11\/1\/11-4.5","metadata":false},{"id":87261,"structure_id":14846,"section_number":"11-4.6","catch_line":"Required contract provisions in construction contracts","url":"\/11-4.6\/","token":"11\/1\/11-4.6","metadata":false},{"id":63570,"structure_id":14846,"section_number":"11-5","catch_line":"Repealed","url":"\/11-5\/","token":"11\/1\/11-5","metadata":false},{"id":63830,"structure_id":14846,"section_number":"11-7.1","catch_line":"Certain entities' authority to extend performance agreements","url":"\/11-7.1\/","token":"11\/1\/11-7.1","metadata":false},{"id":70205,"structure_id":14846,"section_number":"11-8","catch_line":"Instruments executed by minors or surviving spouses to obtain benefits under certain federal legislation","url":"\/11-8\/","token":"11\/1\/11-8","metadata":false},{"id":85376,"structure_id":14846,"section_number":"11-9","catch_line":"Writing payable to deceased person","url":"\/11-9\/","token":"11\/1\/11-9","metadata":false},{"id":61688,"structure_id":14846,"section_number":"11-9.1","catch_line":"Repealed","url":"\/11-9.1\/","token":"11\/1\/11-9.1","metadata":false},{"id":61148,"structure_id":14846,"section_number":"11-9.8","catch_line":"Construction of certain terms of offer to contract; use of experience modification factor prohibited","url":"\/11-9.8\/","token":"11\/1\/11-9.8","metadata":false}],"previous_section":{"id":65407,"structure_id":14846,"section_number":"11-4.3","catch_line":"When acceleration of payment or repossession of consumer goods not allowed","url":"\/11-4.3\/","token":"11\/1\/11-4.3","metadata":false},"next_section":{"id":58817,"structure_id":14846,"section_number":"11-4.5","catch_line":"Certain indemnification provisions in motor carrier transportation contracts declared void","url":"\/11-4.5\/","token":"11\/1\/11-4.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/11-4.4\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapter 341<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapter 670<\/a>; in 2020, chapter 1015<\/a>.<\/p>","references":false,"refers_to":[{"id":83635,"section_number":"2.2-4301","catch_line":"Definitions","order_by":null,"url":"\/2.2-4301\/"}],"permalink":{"id":147165,"object_type":"law","relational_id":77848,"identifier":"11-4.4","token":"11\/1\/11-4.4","url":"\/11-4.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/11-4.4\/","token":"11\/1\/11-4.4","dublin_core":{"Title":"Certain indemnification and duty to defend provisions in contracts with design professionals declared void","Type":"Text","Format":"text\/html","Identifier":"\u00a7 11-4.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any provision contained in any contract<\/span> relating to the planning or design of a building, structure or appurtenance thereto, including moving, demolition or excavation connected therewith, or any provision contained in any contract<\/span> relating to the planning or design of construction projects other than buildings by which the architect or professional engineer performing such work purports to indemnify or hold harmless another party<\/span> to the contract<\/span> against liability for damage arising out of bodily injury to persons or damage to property suffered in the course of the performance of the contract<\/span>, caused by or resulting solely from the negligence<\/span> of such other party<\/span>, his agents or employees, is against public policy and is void and unenforceable.\n\t\tThis section shall apply to such contracts<\/span> between an architect or professional engineer and any public body as defined in \u00a7 2.2-4301<\/a>. Every provision contained in a contract<\/span> between an architect or professional engineer and a public body relating to the planning or design of a building, structure or appurtenance thereto, including moving, demolition or excavation connected therewith, or relating to the planning or design of construction projects other than buildings by which the architect or professional engineer performing such work purports to indemnify or hold harmless the public body against liability is against public policy and is void and unenforceable. This section shall not be construed to alter or affect any provision in such a contract<\/span> that purports to indemnify or hold harmless the public body against liability for damage arising out of the negligent acts, errors or omissions, recklessness<\/span> or intentionally wrongful conduct of the architect or professional engineer in performance of the contract<\/span>.\n\t\tAny provision contained in any contract<\/span> relating to the planning or design of a building, structure, or appurtenance thereto, including moving, demolition, or excavation connected therewith, or any provision contained in any contract<\/span> relating to the planning or design of construction projects by which any party<\/span> purports to impose a duty to defend on any other party<\/span> to the contract<\/span>, is against public policy and is void and unenforceable.\n\t\tThis section shall not affect the validity of any insurance contract<\/span>, workers’ compensation, or any agreement issued by an admitted insurer.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN INDEMNIFICATION AND DUTY TO DEFEND PROVISIONS IN CONTRACTS WITH DESIGN\nPROFESSIONALS DECLARED VOID (\u00a7 11-4.4)\n\nAny provision contained in any contract relating to the planning or design of a\nbuilding, structure or appurtenance thereto, including moving, demolition or\nexcavation connected therewith, or any provision contained in any contract\nrelating to the planning or design of construction projects other than buildings\nby which the architect or professional engineer performing such work purports to\nindemnify or hold harmless another party to the contract against liability for\ndamage arising out of bodily injury to persons or damage to property suffered in\nthe course of the performance of the contract, caused by or resulting solely\nfrom the negligence of such other party, his agents or employees, is against\npublic policy and is void and unenforceable.\n\t\tThis section shall apply to such contracts between an architect or\nprofessional engineer and any public body as defined in \u00a7 2.2-4301. Every\nprovision contained in a contract between an architect or professional engineer\nand a public body relating to the planning or design of a building, structure or\nappurtenance thereto, including moving, demolition or excavation connected\ntherewith, or relating to the planning or design of construction projects other\nthan buildings by which the architect or professional engineer performing such\nwork purports to indemnify or hold harmless the public body against liability is\nagainst public policy and is void and unenforceable. This section shall not be\nconstrued to alter or affect any provision in such a contract that purports to\nindemnify or hold harmless the public body against liability for damage arising\nout of the negligent acts, errors or omissions, recklessness or intentionally\nwrongful conduct of the architect or professional engineer in performance of the\ncontract.\n\t\tAny provision contained in any contract relating to the planning or design of\na building, structure, or appurtenance thereto, including moving, demolition, or\nexcavation connected therewith, or any provision contained in any contract\nrelating to the planning or design of construction projects by which any party\npurports to impose a duty to defend on any other party to the contract, is\nagainst public policy and is void and unenforceable.\n\t\tThis section shall not affect the validity of any insurance contract,\nworkers’ compensation, or any agreement issued by an admitted insurer.\n\nHISTORY: 1995, c. 341; 2001, c. 670; 2020, c. 1015.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}