Bill Text: CA SB1276 | 2011-2012 | Regular Session | Amended
Bill Title: Indemnity: design professionals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-05-03 - Set, first hearing. Hearing canceled at the request of author. [SB1276 Detail]
Download: California-2011-SB1276-Amended.html
BILL NUMBER: SB 1276 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 26, 2012
INTRODUCED BY Senator Wyland
FEBRUARY 23, 2012
An act to amend Section 3338 of the Civil Code, relating
to personal property. An act to amend Section 2782.8
of the Civil Code, relating to indemnity.
LEGISLATIVE COUNSEL'S DIGEST
SB 1276, as amended, Wyland. Personal property: liens.
Indemnity: design professionals.
Under existing law, all contracts, amendments to contracts,
provisions, clauses, covenants, and agreements contained in,
collateral to, or affecting contracts with a public agency for design
professional services that purport to require the design
professional to defend the public agency under an indemnity
agreement, including the duty and the cost to defend, are
unenforceable. Existing law exempts claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct
of the design professional from this provision.
This bill would limit a design professional's duty to defend a
public agency against a negligence claim to reimbursement of defense
costs incurred by the public agency that were caused by the design
professional's actual negligence.
Existing law provides that a person having a lien on personal
property cannot recover damages for its conversion from a person with
a right superior to his or her right, after the lien is discharged,
greater than the amount secured by the lien and the compensation
allowed for loss of time and expenses.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2782.8 of the Civil
Code is amended to read:
2782.8. (a) For all contracts, and amendments thereto, entered
into on or after January 1, 2007, with a public agency for design
professional services, all provisions, clauses, covenants, and
agreements contained in, collateral to, or affecting any such
contract, and amendments thereto, that purport to indemnify,
including the duty and the cost to defend, the public agency by a
design professional against liability for claims against the public
agency, are unenforceable, except for claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful
misconduct of the design professional. The duty to indemnify,
including the duty and the cost to defend, is limited as provided in
this section. This section shall not be waived or modified by
contractual agreement, act, or omission of the parties. Contractual
provisions, clauses, covenants, or agreements not expressly
prohibited herein are reserved to the agreement of the parties.
(b) All contracts and all solicitation documents, including
requests for proposal, invitations for bid, and other solicitation
documents, between a public agency and a design professional, are
deemed to incorporate by reference the provisions of this section.
(c) Unless otherwise expressly agreed to by written contract, a
design professional's duty to defend a public agency against a claim
alleging the negligent performance of professional services by the
design professional shall include only the reimbursement of those
defense costs incurred by the public agency that were caused by the
design professional's actual negligence.
(c)
(d) For purposes of this section, the following
definitions apply:
(1) "Public agency" includes any county, city, city and county,
district, school district, public authority, municipal corporation,
or other political subdivision, joint powers authority, or public
corporation in the state. Public agency does not include the State of
California.
(2) "Design professional" includes all of the following:
(A) An individual licensed as an architect pursuant to Chapter 3
(commencing with Section 5500) of Division 3 of the Business and
Professions Code, and a business entity offering architectural
services in accordance with that chapter.
(B) An individual licensed as a landscape architect pursuant to
Chapter 3.5 (commencing with Section 5615) of Division 3 of the
Business and Professions Code, and a business entity offering
landscape architectural services in accordance with that chapter.
(C) An individual registered as a professional engineer pursuant
to Chapter 7 (commencing with Section 6700) of Division 3 of the
Business and Professions Code, and a business entity offering
professional engineering services in accordance with that chapter.
(D) An individual licensed as a professional land surveyor
pursuant to Chapter 15 (commencing with Section 8700) of Division 3
of the Business and Professions Code, and a business entity offering
professional land surveying services in accordance with that chapter.
(d)
(e) This section shall only apply to a professional
service contract, or any amendment thereto, entered into on or after
January 1, 2007.
(e)
(f) The amendments made to this section by the act
adding this subdivision shall apply to services offered pursuant to a
design professional contract, or any amendment thereto, entered into
on or after January 1, 2011.
(f)
(g) Nothing in this section shall abrogate the
provisions of Section 1104 of the Public Contract Code.
SECTION 1. Section 3338 of the Civil Code is
amended to read:
3338. A person having a lien on personal property cannot recover
greater damages for its conversion from a person having a right
superior to his or her right, after the lien is discharged, than the
amount secured by the lien and the compensation allowed by Section
3336 for loss of time and expenses.
