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:

Terms Used In South Dakota Codified Laws 56-3-16

  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC

(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.

Source: SL 1972, ch 256, § 1.