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S.D. Codified Laws § 56-3-16

Indemnification of architect or engineer for own errors prohibited in construction contract

Applied in 1 court decision — leading case Domson, Inc. v. Kadrmas Lee & Jackson, Inc. (2018)

Most recently applied in Domson, Inc. v. Kadrmas Lee & Jackson, Inc. (September 2018)

Source: SL 1972, ch 256, § 1.

Construction contracts, plans and specifications which contain indemnification provisions shall include the following provision:

The obligations of the contractor shall not extend to the liability of the architect or engineer, his agents or employees arising out of:

(1) The preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or

(2) The giving of or the failure to give directions or instructions by the architect, or engineer, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.