(a) No construction design professional, or any employee of the construction design professional, who is retained to perform professional services on a construction project, shall be liable for the personal injury or death of any nonemployee of the construction design professional, working on the construction project, unless the construction design professional or any employee of the construction design professional is guilty of negligence that is a proximate cause of the injury or death of the nonemployee.

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Terms Used In Tennessee Code 50-6-120

  • Construction design professional: means :
    (A) Any person possessing a valid registration or license entitling that person to practice the technical profession of architecture, engineering, landscape architecture or land surveying in this state. See Tennessee Code 50-6-102
  • Employee: includes every person, including a minor, whether lawfully or unlawfully employed, the president, any vice president, secretary, treasurer or other executive officer of a corporate employer without regard to the nature of the duties of the corporate officials, in the service of an employer, as employer is defined in subdivision (11), under any contract of hire or apprenticeship, written or implied. See Tennessee Code 50-6-102
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
(b) Nothing in this section shall be construed to affect the rights or responsibilities of any person under this chapter.
(c) Rule 11 of the Tennessee Rules of Civil Procedure shall apply in all actions against construction design professionals.