                                 CODE OF VIRGINIA

CERTAIN INDEMNIFICATION AND DUTY TO DEFEND PROVISIONS IN CONTRACTS WITH DESIGN
PROFESSIONALS DECLARED VOID (§ 11-4.4)

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.
		This section shall apply to such contracts between an architect or
professional engineer and any public body as defined in § 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.
		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 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.
		This section shall not affect the validity of any insurance contract,
workers&#8217; compensation, or any agreement issued by an admitted insurer.

HISTORY: 1995, c. 341; 2001, c. 670; 2020, c. 1015.