Bill Caption

Relating to certain agreements by architects and engineers in or in connection with certain construction contracts.

Fiscal Notes

No fiscal implication to the State is anticipated.

Bill Analysis

HB 2116 would prohibit covenants in certain construction contracts that require a licensed engineer or architect to defend a party against a claim based on the negligence, fault, or breach of contract of the property owner. Such a contract could provide for the reimbursement of the property owner's attorney's fees in proportion to the engineer or architect's liability. If enacted, the owner could require the engineer or architect name the owner as an additional insured under their liability policy.

HB 2116 would also require construction contracts related to improvements of real property to have a standard of care for engineers and architects. Such a contract would have to require the services be performed with the skill and care ordinarily provided by competent architects or engineers practicing under similar circumstances.

Vote Recommendation Notes

Texas Action is neutral on HB 2116 as it does not have a significant effect on any of our Liberty Principles.