Issues & AdvocacyState

AIA Michigan’s Contract Fairness Bill Passes Legislature – On Its Way to Governor

By Zachary Hart, Manager, State Relations

AIA Michigan accomplished one of its top goals for 2012 when the Michigan Legislature passed HB 5466. The bill forbids a public entity from requiring licensed design professionals to indemnify, hold harmless, or defend the public entity against liability claims that arise from the public entity’s or another party’s negligence. Architects are still liable for their own negligence and that of their subconsultants; however, public construction contracts can no longer contain provisions assigning to the design professional the liability of the public entity, its employees, or any other party.

A strong lobbying and grassroots effort by AIA Michigan pushed the bill through the House and the Senate though not without an amendment exempting the state’s public universities. HB 5466 is now on its way to Governor Rick Snyder (R), who is expected to sign it into law. Similar legislation passed earlier this year in Washington and in Iowa in 2011.

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