Bill Text: NY A06168 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires contracts between professional design firms and municipal corporations, state and local authorities, or state departments contain language concerning indemnification.
Spectrum: Slight Partisan Bill (Democrat 9-4)
Status: (Introduced - Dead) 2018-01-03 - referred to corporations, authorities and commissions [A06168 Detail]
Download: New_York-2017-A06168-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6168 2017-2018 Regular Sessions IN ASSEMBLY February 27, 2017 ___________ Introduced by M. of A. SCHIMMINGER, LUPARDO, BENEDETTO, JAFFEE, STIRPE, LIFTON, RAIA, McDONALD, GARBARINO, CURRAN, FAHY, STECK -- Multi-Spon- sored by -- M. of A. CROUCH -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the general municipal law, the public authorities law and the state finance law, in relation to contracts with professional design firms 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. Indemnification language in contracts. 1. Definitions. As 4 used in this section: 5 a. The term "municipal corporation" shall mean a county, town, city 6 and village. 7 b. The term "professional firm" shall be defined as any individual or 8 sole proprietorship, partnership, corporation, association, or other 9 legal entity permitted by law to practice the professions of architec- 10 ture, engineering or surveying. 11 2. All contracts subject to this article shall include the following 12 language: 13 "To the fullest extent permitted by law, the professional firm agrees 14 to indemnify and hold the municipal corporation, its officers, directors 15 and employees harmless from all third party claims, liabilities, damages 16 and costs (including all reasonable attorney's fees and cost of defense) 17 to which the municipal corporation, its officers, directors and employ- 18 ees may be subject to, arising out of the death or bodily injury to any 19 person or the destruction or damage to any property to the extent caused 20 by the negligent acts, errors or omissions, or willful misconduct of the 21 professional firm's performance of professional services provided under EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09895-01-7A. 6168 2 1 this Agreement and those of its sub-consultants or anyone for whom the 2 professional firm is legally liable." 3 "To the fullest extent permitted by law, the municipal corporation 4 agrees to indemnify and hold the professional firm harmless from all 5 third party claims, liabilities, damages and costs (including all 6 reasonable attorney's fees and cost of defense) to the extent caused by 7 the negligent acts, errors or omissions of the municipal corporation, 8 its contractors, consultants or anyone for whom the municipal corpo- 9 ration is legally liable." 10 3. Nothing in this section shall be construed as requiring a notice of 11 claim or other condition precedent in litigation for any party not 12 otherwise entitled to receive one, nor shall it require any action to be 13 brought by or against any party in the court of claims unless such a 14 requirement previously existed as to that party. 15 § 2. The public authorities law is amended by adding a new section 16 2879-d to read as follows: 17 § 2879-d. Indemnification language in contracts. 1. Definitions. As 18 used in this section: 19 a. The term "state authority" shall mean a public authority or public 20 benefit corporation created by or existing under this chapter or any 21 other law of the state of New York, with one or more of its members 22 appointed by the governor or who serve as members by virtue of holding a 23 civil office of the state, other than an interstate or international 24 authority or public benefit corporation, including subsidiaries of such 25 public authority or public benefit corporation. 26 b. The term "local authority" shall mean: (a) a public authority or 27 public benefit corporation created by or existing under this chapter or 28 any other law of the state of New York whose members do not hold a civil 29 office of the state, are not appointed by the governor or are appointed 30 by the governor specifically upon the recommendation of the local 31 government or governments; (b) a not-for-profit corporation affiliated 32 with, sponsored by, or created by a county, city, town or village 33 government; (c) a local industrial developmental agency or authority or 34 other local public benefit corporation; (d) an affiliate of such local 35 authority; or (e) a land bank corporation created pursuant to article 36 sixteen of the not-for-profit corporation law. 37 c. The term "professional firm" shall mean any individual or sole 38 proprietorship, partnership, corporation, association, or other legal 39 entity permitted by law to practice the professions of architecture, 40 engineering or surveying. 41 2. All contracts subject to this article shall include the following 42 language: 43 "To the fullest extent permitted by law, the professional firm agrees 44 to indemnify and hold the state and local authority, its officers, 45 directors and employees harmless from all third party claims, liabil- 46 ities, damages and costs (including all reasonable attorney's fees and 47 cost of defense) to which the state and local authority, its officers, 48 directors and employees may be subject to, arising out of the death or 49 bodily injury to any person or the destruction or damage to any property 50 to the extent caused by the negligent acts, errors or omissions, or 51 willful misconduct of the professional firm's performance of profes- 52 sional services provided under this agreement and those of its sub-con- 53 sultants or anyone for whom the professional firm is legally liable." 54 "To the fullest extent permitted by law, the state and local authority 55 agrees to indemnify and hold the professional firm harmless from all 56 third party claims, liabilities, damages and costs (including allA. 6168 3 1 reasonable attorney's fees and cost of defense) to the extent caused by 2 the negligent acts, errors or omissions of the state and local authori- 3 ty, its contractors, consultants or anyone for whom the state and local 4 authority is legally liable." 5 3. Nothing in this section shall be construed as requiring a notice of 6 claim or other condition precedent in litigation for any party not 7 otherwise entitled to receive one, nor shall it require any action to be 8 brought by or against any party in the court of claims unless such a 9 requirement previously existed as to that party. 10 § 3. Section 136-a of the state finance law is amended by adding a new 11 subdivision 6 to read as follows: 12 6. (a) Definitions. As used in this subdivision: 13 (i) The term "state department" shall mean those state government 14 departments, divisions or commissions empowered by the state to enter 15 into contractual agreements on behalf of the state of New York. 16 (ii) The term "professional firm" shall be defined as any individual 17 or sole proprietorship, partnership, corporation, association, or other 18 legal entity permitted by law to practice the professions of architec- 19 ture, engineering or surveying. 20 (b) All contracts subject to this article shall include the following 21 language: 22 "To the fullest extent permitted by law, the professional firm agrees 23 to indemnify and hold the state department, its officers, directors and 24 employees harmless from all third party claims, liabilities, damages and 25 costs (including all reasonable attorney's fees and cost of defense) to 26 which the state department, its officers, directors and employees may be 27 subject to, arising out of the death or bodily injury to any person or 28 the destruction or damage to any property to the extent caused by the 29 negligent acts, errors or omissions, or willful misconduct of the 30 professional firm's performance of professional services provided under 31 this agreement and those of its sub-consultants or any one for whom the 32 design consultant is legally liable." 33 "To the fullest extent permitted by law, the state department agrees 34 to indemnify and hold the professional firm harmless from all third 35 party claims, liabilities, damages and costs (including all reasonable 36 attorney's fees and cost of defense) to the extent caused by the negli- 37 gent acts, errors or omissions of the state department, its contractors, 38 consultants or anyone for whom the state department is legally liable." 39 (c) Nothing in this subdivision shall be construed as requiring a 40 notice of claim or other condition precedent in litigation for any party 41 not otherwise entitled to receive one, nor shall it require any action 42 to be brought by or against any party in the court of claims unless such 43 a requirement previously existed as to that party. 44 § 4. This act shall take effect immediately.
