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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>77848</law_id><section_number>11-4.4</section_number><catch_line>Certain indemnification and duty to defend provisions in contracts with design professionals declared void</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="11">Contracts</unit><unit label="chapter" level="2" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>Any provision contained in any <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">party</span> to the <span class="dictionary">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 <span class="dictionary">contract</span>, caused by or resulting solely from the <span class="dictionary">negligence</span> of such other <span class="dictionary">party</span>, his agents or employees, is against public policy and is void and unenforceable.
		This section shall apply to such <span class="dictionary">contracts</span> between an architect or professional engineer and any public body as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/2.2-4301/">2.2-4301</a>. Every provision contained in a <span class="dictionary">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 <span class="dictionary">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, <span class="dictionary">recklessness</span> or intentionally wrongful conduct of the architect or professional engineer in performance of the <span class="dictionary">contract</span>.
		Any provision contained in any <span class="dictionary">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 <span class="dictionary">contract</span> relating to the planning or design of construction projects by which any <span class="dictionary">party</span> purports to impose a duty to defend on any other <span class="dictionary">party</span> to the <span class="dictionary">contract</span>, is against public policy and is void and unenforceable.
		This section shall not affect the validity of any insurance <span class="dictionary">contract</span>, workers&#x2019; compensation, or any agreement issued by an admitted insurer.</p></section></text><history>1995, c. 341; 2001, c. 670; 2020, c. 1015.</history><metadata></metadata></law>
